Wednesday, June 21, 2006

No Plain Error Based on Gov't Failure to Disclose Witness's Polygraph Results

U.S. v. Wilson, 2006 WL 1618148 (6/13/06)(unpub'd) - It was not plain error for the d.ct. to refuse to order the government to disclose the data that resulted from a witness's polygraph examination after which an agent told the witness the results indicated he had lied when he said the defendant was not involved. It was okay for the d.ct. to rely on an § 851 information charging the defendant with a prior drug conviction even though a superseding indictment was filed after the filing of the § 851 information.