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Legal Bulletin 98-4 discussed United States v. Singleton, ___ F.3d ___ (No. 97-3178, 10^th Cir. filed July 1, 1998), in which a three-judge panel of the United States Court of Appeals for the Tenth Circuit held that federal prosecutors cannot offer witnesses anything of value, including promises of leniency, in exchange for the witness's testimony. The Bulletin concluded by stating '[u]nless Singleton is reheard by the entire Tenth Circuit or accepted for review by the United States Supreme Court (either of which are somewhat likely), it will continue to govern federal prosecutions for the foreseeable future."

The entire Tenth Circuit Court has stayed the decision in Singleton and agreed to rehear the case en banc, meaning all 11 members of the court will hear and decide the case. The court chose to do so on its own motion after the United States Justice Department announced plans to appeal the decision. The stay means the decision will not take effect until the court issues a decision on rehearing. The lawyers in Singleton are to file supplemental briefs by August 10, 1998, and the court has scheduled the case for oral argument in early November. Stay tuned for further developments on this important case.

BY ORDER OF THE CHIEF OF POLICE