538 F2d 95 United States v. Jackson

538 F.2d 95

UNITED STATES of America, Plaintiff-Appellee,
Charles Stafford JACKSON and Jarrell Jennings, Defendants-Appellants.

No. 75-3135.

United States Court of Appeals,
Fifth Circuit.

Sept. 7, 1976.

Emmett Colvin, Dallas, Tex., for defendants-appellants.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Texas.


(Opinion August 5, 1976, 5 Cir. 1976, 536 F.2d 628)

Before DYER, CLARK and GEE, Circuit Judges.


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Appellant complains that the court, in denying his Brady claim, overlooked the fact that a Brady request was made at the trial level. Reexamining the trial record we find that a general request for Brady material was made but this in no way changes the standard of materiality to be applied. The Supreme Court has recently equated a general request with no request at all:


(W)e conclude that there is no significant difference between cases in which there has been merely a general request for exculpatory matter and cases, like the one we must now decide, in which there has been no request at all.


United States v. Agurs, --- U.S. ----, 96 S.Ct. 2392, 2399, 49 L.Ed.2d 342 (1976).


IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.