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that the Court was called upon to review in the trial of the test
cases.
We also observe that, upon discovery of Messrs. McWade's and
Sims' misconduct, respondent promptly reported the matter to the
Court. Respondent's actions upon discovery of the misconduct and
respondent's overall conduct in these proceedings exhibit
respondent's institutional good faith.
Further, we are not convinced that justice would be served
if we were to adopt the extraordinary remedy, after the
evidentiary hearing and our review of the record, of renouncing
the Court's deficiency determinations in Dixon II. Consistent
with the views stated earlier in this opinion, we are convinced
that the test case petitioners were afforded a fair trial,
despite the Government misconduct, and that the Government
misconduct was not material to the outcome in Dixon II. We are
firmly convinced that the outcome of the retrial of the test
cases would be the same if we were to order a new trial.
Moreover, more discriminating remedies are available both to
punish the offenders and to deter similar conduct in the future,
see Alexander v. Robertson, 882 F.2d at 425. Considering all the
facts and circumstances, we will--with the exceptions discussed
below--reinstate the decisions entered in the test cases
remaining before the Court.
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