U.S. v. Bailey, 76-1760
| Decision Date | 02 March 1977 |
| Docket Number | No. 76-1760,76-1760 |
| Citation | 550 F.2d 1099 |
| Parties | UNITED STATES of America, Appellee, v. Karol Numen BAILEY, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
J. Martin Hadican, Clayton, Mo., on brief, for appellant.
Barry A. Short, U. S. Atty. and Michael W. Reap, Asst. U. S. Atty., St. Louis, Mo., on brief, for appellee.
Before HEANEY, ROSS and HENLEY, Circuit Judges.
Karol Numen Bailey was convicted by a jury of illegally transporting a stolen tractor in interstate commerce. The sole issue raised by Bailey in this appeal is whether the trial court erred in refusing to compel the United States Attorney to disclose the name of the person who purchased other stolen goods from the same seller from whom Bailey purchased his goods.
The seller was in control of three new farm tractors, all of which had been stolen. One was sold for competitive market value. Bailey purchased his at a greatly reduced cost and testified that he was told by the seller that the cost of the tractor was so reduced because the tractor had been damaged in a storm. The seller testified that he had told Bailey the price was reduced because the tractor was stolen property. The third purchaser was supposedly unknown to Bailey and during pretrial discovery, Bailey requested that the government disclose the third purchaser's name. 1 The trial court refused to compel the government to comply with that request.
" Discovery matters are committed to the sound discretion of the trial court and are reviewable only upon an abuse of that discretion." United States v. Crow Dog, 532 F.2d 1182, 1189 (8th Cir.) (cites omitted), pet. for cert. filed, 44 U.S.L.W. 3749 (June 21, 1976). "An error in administering the discovery rules is not reversible absent a showing that the error was prejudicial to the substantial rights of the defendant." United States v. Cole, 453 F.2d 902, 904 (8th Cir.), cert. denied, 406 U.S. 922, 92 S.Ct. 1788, 32 L.Ed.2d 122 (1972). A defendant who claims that the court's failure to compel the disclosure of witnesses was error should be able to show that the witnesses' testimony would have been favorable. United States v. McMillian, 535 F.2d 1035, 1037 (8th Cir. 1976). If the information sought by the defendant is produced during trial or immediately before, the defendant should request a continuance if time is needed to properly utilize the information. United States v. Taylor, 542 F.2d 1023, 1025 (8th Cir. 1976); United States v. McMillian, supra.
The only information sought in Bailey's motion to compel discovery which Bailey did not receive prior to his trial was the name of the...
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