David Lee Hill v. United States of America, United States of America v. Fletcher R. Williams
Opinion
Opinion
The subject appeals were separately briefed but the single issue which is presented is common to both cases. It is therefore ordered that the appeals be, and they hereby are, consolidated.
The appellants were convicted, in a jury trial, of the offense of bank robbery. According to the Government’s proof, both participated in the robbery, and they were identified by three individuals who witnessed the crime.
While the testimony of one of the prosecution’s identifying witnesses was being presented at the trial, the defense requested that it be supplied with any statement which the witness may have given to any government investigator. The request was denied, and the appellants appealed from the judgments of conviction. Our court remanded Hill’s case with directions that the District Court should ascertain (1) if the prosecution did possess a statement given by the witness and, if so, (2) whether Hill had been prejudiced by reason of his counsel’s not having been supplied with such statement. Hill v. United States, 401 F.2d 995 (9th Cir. 1968). Subsequently, on January 3, 1969, we made a similar order of remand in the case of Williams.