United States v. James Allen Hibler

CHAMBERS, Circuit Judge

(dissenting) :

The opinions of my colleagues show great concern about the rule which permits a conviction where the only evidence is the uncorroborated evidence of an accomplice. That is not our problem here. Although unable to identify Hibler, Mr. Bryarly, the victim of the robbery, did substantiate Haynes’ story as to the details of the robbery.

This is a case where the undisclosed evidence was possibly useful to the defense but not likely to have changed the verdict. Cf. Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972).

There was no error with respect to the restriction of cross-examination. The trial judge made available an adequate substitute for a written transcript of the prior inconsistent statement. Britt v. North Carolina, 404 U.S. 226, 92 S.Ct. 431, 30 L.Ed.2d 400 (1971).

I would affirm.