US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

CLANCY V. UNITED STATES, 365 U. S. 312 (1961)

Subscribe to Cases that cite 365 U. S. 312 RSS feed for this section

U.S. Supreme Court

Clancy v. United States, 365 U.S. 312 (1961)

Clancy v. United States

No. 88

Argued January 10, 1961

Decided February 27, 1961

365 U.S. 312


At the trial in a Federal District Court at which petitioners were convicted of violating federal criminal statutes, government witnesses testified to conversations with certain of the petitioners and admitted that they subsequently prepared memoranda of such conversations. Counsel for petitioners moved under the Jencks Act, 28 U.S.C. § 3500, for production of such memoranda, and the motions were denied. Before this Court, the Government alleged that, despite denial of the motion for production, verbatim copies of these memoranda were in fact delivered to counsel for petitioners, although the record did not show it and counsel for petitioners denied it; and the Government contended that the case should merely be remanded to the District Court to determine whether this was so.

Held: at least as to some of the statements, reversible error was committed, and petitioners are entitled to a new trial. Pp. 365 U. S. 313-316.

(a) Such memoranda were "statements" within the meaning of the Act. Pp. 365 U. S. 313-315.

(b) This Court deals with the record as it finds it. Since the production of at least some of the statements withheld was a right of the defendants, it is for the defense, not the District Court or this Court, to determine whether they could be utilized effectively, and petitioners are entitled to a new trial. Pp. 315-316. .,

276 F.2d 617 reversed. chanroblesvirtualawlibrary

Page 365 U. S. 313

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™