Mesarosh, Alias Nelson v. United States

Summary

Chief Justice Warren's opinion held that the Government's disclosures wholly discredited its paid informer's credibility and tainted the convictions of all petitioners, requiring reversal and a new trial under the Court's supervisory authority over federal criminal proceedings. The Court distinguished an ordinary defense motion based on newly discovered impeachment evidence and rejected a preliminary remand to assess the witness's credibility or the sufficiency of the remaining evidence. Justice Harlan, joined by Justices Frankfurter and Burton, dissented, arguing that the District Court should first investigate the disputed facts and assess their effect on each conviction. In an earlier dissent also reproduced here, Justice Frankfurter would have granted the Government's motion for a hearing immediately rather than scheduling argument on it. Justice Brennan did not participate.