United States v. Harris - United States Court of Appeals for the Tenth Circuit

United States v. Harris

By United States Court of Appeals for the Tenth Circuit

  • Release Date - Published: 1976-05-18
  • Book Genre: Law
  • Author: United States Court of Appeals for the Tenth Circuit
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United States v. Harris United States Court of Appeals for the Tenth Circuit read online review & book description:

Following issuance of the Court's prior opinion in these cases, Stephen K. Lester, an Assistant United States Attorney, contacted the F.B.I. agent in charge of this case; Lester informed the agent of the basis of our decision. In an affidavit submitted to this Court, Lester stated on December 10, 1975, he received 146 black and white photographs from the F.B.I.; Lester recognized these photographs as copies of the color photographs which were in the missing Exhibit 71. Nine of the exhibit's 155 photos had not been copied; writing on the back of the 146 copies did not appear on the originals. Lester concluded his affidavit by stating, ""Other than the fact that the attached 146 photographs are not in color, they accurately reflect the contents of Government's Exhibit 71."" On December 22, 1975, this Court, by order, permitted supplementation of the record on appeal by the government. The 146 photographs and the Lester affidavit were filed. The Court, on its own motion, ordered a limited rehearing; the rehearing was to concern the issues relating to admissibility of Exhibit 71 and whether the record, as supplemented by the government, is sufficient to permit this Court to determine the relevancy and materiality of the exhibit vis-a-vis its prejudicial effect.

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