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[QUOTE="Capt. Tuttle, post: 2922878, member: 191"]
This is from the appeal upon which Fitzpatrick made his name.  He did so by cheating.

[I]Having decided that the withheld evidence does not meet the test of materiality set out in Agurs (supra), we would, nevertheless, be remiss if we did not comment on the prosecutor's failure to divulge this information to defense counsel. Considering the circumstantial nature of the proof, the People's theory regarding the time of death, and the defense theory of a gangland execution, it is inconceivable that the prosecutor would not have perceived this information as a valuable lead for the defense. The prosecutor must always be aware of the obligations arising from the public trust invested in him. His responsibility in a criminal prosecution "is not that [he] shall win a case, but that justice shall be done * * * [H]e is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer" (Berger v United States, 295 US 78, 88). The defense should have been provided with the material in question and its significance should not have been overlooked.[/I]
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