green
Positive treatment
Quoted verbatim 2×
10.9 score
“there are no exceptions to the jencks rule that all statements relevant to the subject matter of the witness' testimony must be produced after direct examination of the witness.”
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 42 distinct citers.
discussed
Cited "but see"
State v. Courchesne
(2×)
But see United States v. Bibbero, 749 F.2d 581, 585 (9th Cir. 1984) ("[e]ven though we reverse on procedural grounds, double jeopardy principles require us to consider" defendant's insufficiency claim), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985).
discussed
Cited as authority (quoted)
United States v. Randall Wynn, United States of America v. Abel Oliveras-Perez, United States of America v. Adrian Plasencia-Garcia
he question of whether a single conspiracy has been proved, rather than multiple conspiracies ... is essentially a question of the sufficiency of the evidence
examined
Cited as authority (quoted)
United States v. Manuel Bobadilla-Lopez
(2×)
there are no exceptions to the jencks rule that all statements relevant to the subject matter of the witness' testimony must be produced after direct examination of the witness.
discussed
Cited "see"
Webster v. State
Admissibility Of Dual Purpose Statement “When the prosecution attempts to offer hearsay evidence against a defendant, the trial judge must determine (1) whether the State has satisfied the foundational requirements of a recognized exception, and (2) if so, whether the admission of this hearsay statement would violate the defendant’s right of confrontation.” Joseph F. Murphy, Jr., Maryland Evidence Handbook § 705(B), at 278 (3d ed.1999); see Gregory v. State, 40 Md.App. 297, 323-24 , 391 A.2d 437 (1978), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2333 , 85 L.Ed.2d 849 (1985).
discussed
Cited "see"
Smith v. State
See Jarrell v. Balkcom, 735 F.2d 1242 (11th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985) ("The mere fact that a judge acted as prosecutor in an unrelated case is insufficient to constitute reversible error."); Goodspeed v. Beto, 341 F.2d 908 (5th Cir. 1965), cert. denied, 386 U.S. 926 , 87 S.Ct. 867 , 17 L.Ed.2d 798 (1967) ("[T]he judge who presided was a former district attorney who had prosecuted the petitioner for different crimes.
cited
Cited "see"
United States v. Jeffrey Joe Alerta
See United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985).
discussed
Cited "see"
United States v. Adelmo Martinez
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 3 First, Martinez claims that the district court erred in denying his motion to withdraw his plea because the Government failed to disclose fully and completely the plea agreement provisions pursuant to Fed.R.Crim.P. 11(e)(2).
discussed
Cited "see"
United States v. Juannito H. Edwards
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 9 In denying Edwards' motion to withdraw his guilty plea, the district court discussed the six factors announced in Moore, 931 F.2d at 248 .
discussed
Cited "see"
United States v. Vasquez
See Jarrell v. Balkcom, 735 F.2d 1242 (11th Cir.) (lapse of four hours did not render warnings “stale” because defendant was aware of his rights, knew that he was a suspect in the case, and was not naive, mentally deficient or pressured), reh’g denied, 740 F.2d 979 (11th Cir.1984), ce rt. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 , reh’g denied, 473 U.S. 921 , 105 S.Ct. 3547 , 87 L.Ed.2d 670 (1985); United States v. Hopkins, 433 F.2d 1041 (5th Cir.1970), cert. denied, 401 U.S. 1013 , 91 S.Ct. 1252 , 28 L.Ed.2d 550 (1971) (while warnings are not accorded unlimited efficacy…
discussed
Cited "see"
Black v. State
See Jarrell v. Balkcom, 735 F2d 1242, 1261 (11th Cir. 1984) (considering whether counsel’s ineffectiveness at the sentencing trial supports a claim of ineffectiveness in the guilt-innocence trial depends on the “totality of circumstances” from the time of appointment or retention through appeal), cert. denied, 471 U. S. 1103 (105 SC 2331, 85 LE2d 848) (1985).
cited
Cited "see"
Johninson v. State
See Jarrell v. Balkcom, 735 F.2d 1242 (11th Cir. 1984), cert. denied, 471 U.S. 1103 (1985); United States v. Prior, 546 F.2d 1254 (5th Cir. 1977).
discussed
Cited "see"
United States v. Yao Kuang Saeteurn
See United States v. Bibbero, 749 F.2d 581, 584 (9th Cir.1984), cert. denied, 471 U.S. 1103 (1985) (errors in admitting hearsay subject to harmless error analysis). 27 Saeteurn admitted that he went to the airport on about the date indicated on the airbill, and that he picked up the items specified on the airbill.
cited
Cited "see"
State v. Padilla
See State v. Herrera, 102 N.M. 254, 260 , 694 P.2d 510, 516 , cert. denied, 471 U.S. 1103 , 105 S.Ct. 2332 , 85 L.Ed.2d 848 (1985).
discussed
Cited "see"
United States v. Albert Charles Burgess, Jr., United States of America v. Albert Charles Burgess, Jr.
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 7 The most important factor for a court to consider in deciding a motion to withdraw is whether Burgess entered his guilty plea knowingly and voluntarily. 2 Moore, 931 F.2d at 248-49 .
discussed
Cited "see"
United States v. Maurice Watson
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 10 The district court's factual finding that Watson's plea was knowingly and voluntarily entered is not clearly erroneous.
discussed
Cited "see"
People v. Robinson
See United States v. Bibbero, 749 F.2d 581 (9th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985); United States v. Lieberman, 637 F.2d 95 (2d Cir.1980); United States v. Castillo, 615 F.2d 878 (9th Cir.1980).
cited
Cited "see"
United States v. Paul Richard Arnpriester
See United States v. Bibbero, 749 F.2d 581, 588 (9th Cir.1984), cert. denied, 471 U.S. 1103 (1985).
discussed
Cited "see"
United States v. William Vernon Smith
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 16 The district court's factual finding that Smith's plea was knowing and voluntarily entered is not clearly erroneous.
cited
Cited "see"
United States v. James L. Beasley, Jr.
See United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984), cert. denied, 471 U.S. 1103 (1985).
cited
Cited "see"
United States v. Keith Jerome Wheeler
See United States v. Bibbero, 749 F.2d 581, 586-87 (9th Cir.1984), cert. denied, 471 U.S. 1103 (1985).
cited
Cited "see"
United States v. Robert Norville Huff
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985).
discussed
Cited "see"
United States v. Alfredo Simpson
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 (1985). 5 Certain factors appear to work in Simpson's favor: he did not delay in attempting to withdraw his plea although his formal motion was filed several months after acceptance of his plea.
cited
Cited "see"
United States Ex Rel. Lynch v. Sandahl
See Thompson v. Reivitz, 746 F.2d 397, 401 (7th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2332 , 85 L.Ed.2d 849 (1985).
discussed
Cited "see"
United States of America, Plaintiff-Appellee/cross-Appellant v. Hiram Stanley Sasser, Ii, Defendant-Appellant/cross-Appellee
The Supreme Court has said that “[s]ince courts cannot ‘speculate whether [Jencks material] could have been utilized effectively’ at trial, the harmless-error doctrine must be strictly applied in Jencks Act cases.” Goldberg v. United States, 425 U.S. 94 , 111 n. 21, 96 S.Ct. 1338 , 1348 n. 21, 47 L.Ed.2d 603 (citation omitted); accord, e.g., United States v. Bibbero, 749 F.2d 581, 585 (9th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985); United States v. Peters, 625 F.2d 366, 371 (10th Cir.1980); see also United States v. Snow, 537 F.2d 1166, 1168 (4th C…
discussed
Cited "see"
United States v. Miguel Mungia
See United States v. Bibbero, 749 F.2d 581, 583-85 (9th Cir.1984), cert. denied, 471 U.S. 1103 (1985). 26 Mungia argues that the information that he was the source of the heroin was "superfluous" to Plancarte's belief that Flores would sell him heroin because Flores had sold Plancarte heroin in the past.
discussed
Cited "see"
United States v. Susana Sanchez-Robles
See United States v. McKoy, 771 F.2d 1207, 1215 (9th Cir.1985). “[B]ecause an appellate reversal of a conviction on the basis of insufficiency has the same effect as a judgment of acquittal, the Double Jeopardy Clause would preclude retrial. [Therefore,] ‘the existence of other grounds for reversal does not avoid the necessity of reviewing the sufficiency of the evidence.’" Id. (quoting United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 847 (1985)).
discussed
Cited "see"
United States v. Onyewuchi Odu
See United States v. Suter, 755 F.2d 523, 525 (7 Cir.) cert. denied, 471 U.S. 1103 (1985). 10 Odu contended below that he should be allowed to withdraw his pleas of guilty because he had had inadequate time to consult with his lawyer in connection with the entry of the pleas.
discussed
Cited "see"
United States v. Andrew Jordan
See United States v. Suter, 755 F.2d 523, 525 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985) (no requirement for court to advise defendant of range of civil penalties and judgments he might face as a result of a guilty plea to criminal charge).
cited
Cited "see"
McCarthy v. Bronson
See Jarrell v. Balkcom, 735 F.2d 1242, 1250 (11th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985).
discussed
Cited "see"
Fortenberry v. State
See Jarrell v. Balkcom , 735 F.2d 1242 , 1249-50 (11th Cir. 1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); Fisher v. State , 468 N.E.2d 1365 , 1368 (Ind. 1984); State v. Hein , 138 Ariz. 360 , 674 P.2d 1358 , 1362 (1983).
discussed
Cited "see"
United States v. Latroy D. Ray, Johnny Lee May, and Boyd McChristion
See United States v. Suter, 755 F.2d 523, 526 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); United States v. Thompson, 680 F.2d 1145, 1151 (7th Cir.), cert. denied, 459 U.S. 1108 , 103 S.Ct. 735 , 74 L.Ed.2d 958 (1982); Fed.R.Civ.P. 32(d).
discussed
Cited "see"
Scott Michael Brasier v. Peter A. Douglas Attorney General of the State of Oklahoma
See Hux v. Murphy, 733 F.2d 737, 739 (10th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985), overruled on other grounds, Wiley v. Rayl, 767 F.2d 679 , 681 n. 2 (10th Cir.1985); Morishita v. Morris, 702 F.2d at 209 ; cf. Ake v. Oklahoma, 470 U.S. 68, 75 , 105 S.Ct. 1087, 1093 , 84 L.Ed.2d 53 (1985) (“when resolution of the state procedural law question depends on a federal constitutional ruling, the state-law prong of the court’s holding is not independent of federal law,” so federal review is not precluded).
discussed
Cited "see, e.g."
State v. Marshall
Ed. 2d 194 (1976). “[TJhere is no requirement that an accused be continually reminded of his rights once he has intelligently waived them . . . .” (Citation omitted.) United States v. Anthony, 474 F.2d 770, 773 (5th Cir. 1973); see also Jarrell v. Balkcom, 735 F.2d 1242, 1254 (11th Cir. 1984), cert. denied, 471 U.S. 1103 , 105 S. Ct. 2331 , 85 L.
discussed
Cited "see, e.g."
Simpson v. Duke Energy Corp
The Fourth Circuit has emphasized that "[o]nly if the available state law is clearly insufficient should the court certify the issue to the state court." Roe v. Doe, 28 F.3d 404, 407 (4th Cir. 1994); see also Smith v. FCX, Inc., 744 F.2d 1378, 1379 (4th Cir. 1984) (determining certification was unnecessary since there was ample state precedent to guide the federal court as to the answer the state court would provide), cert. denied, 5 471 U.S. 1103 (1985).
discussed
Cited "see, e.g."
Brown v. State
Sanchez v. State, 751 P.2d 1300, 1308 (Wyo.1988) (citing Cutbirth v. State, 663 P.2d 888, 891 (Wyo.1983)); see also Saldana v. State, 685 P.2d 20, 23 (Wyo.1984), cert. denied 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985).
cited
Cited "see, e.g."
George Killian v. Bogan, Warden United States Parole Commission
See, e.g., Thompson v. Reivitz, 746 F.2d 397, 399-400 (7th Cir. 1984), cert. denied, 471 U.S. 1103 (1985); Simpson v. Gunnell, 567 F. Supp. 20, 26 (D.
discussed
Cited "see, e.g."
United States v. Jack D. Brocksmith
See, e.g., United States v. Suter, 755 F.2d 523 , 527 n. 5 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); United States v. Feinberg, 535 F.2d 1004, 1010 (7th Cir.), cert. denied, 429 U.S. 929 , 97 S.Ct. 337 , 50 L.Ed.2d 300 (1976).
discussed
Cited "see, e.g."
State v. Cordova
As with the details provided by the informant in Spinelli, which stated no more than that Spinelli spent a large amount of his time in an apartment that contained two phones with separate, identified numbers, the details provided in this affidavit relate to innocent facts that do not, either separately or taken as a whole, suggest illegal activity. 393 U.S. at 416 , 89 S.Ct. at 589 ; see also State v. Herrera, 102 N.M. 254 , 694 P.2d 510 (mere fact that residence was described in minute detail did not give rise to probable cause to believe that suspect made such residence his home), cert. deni…
cited
Cited "see, e.g."
United States v. David B. Barber
See also Thompson v. Reivitz, 746 F.2d 397, 399-400 (7th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2332 , 85 L.Ed.2d 849 (1985).
discussed
Cited "see, e.g."
United States v. Raymond W. Vance
(2×)
See, e.g., United States v. Suter, 755 F.2d 523, 527 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); United States v. Green, 735 F.2d 1203, 1205 (9th Cir.1984); United States v. Davies, 683 F.2d 1052, 1053, 1055 (7th Cir.1982); Phillips v. United States, 679 F.2d 192, 194 (9th Cir.1982).
cited
Cited "see, e.g."
United States v. Olson
United States v. Davies, 683 F.2d 1052, 1054 (7th Cir.1982); see also United States v. Suter, 755 F.2d 523, 526-27 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985).
cited
Cited "see, e.g."
Henderson v. Dresser Industries, Inc.
See also Smith v. FCX, Inc., 744 F.2d 1378 (4th Cir.1984), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2330 , 85 L.Ed.2d 848 (1985).
Dugger
v.
Delta Airlines
v.
Delta Airlines
No. 84-1588.
Supreme Court of the United States.
May 13, 1985.
Published
Citer courts: Ninth Circuit (3)
Ct. App. Ga. Certiorari denied.