green
Positive treatment
Quoted verbatim 1×
8.7 score
G Cite
cited 2× by 1 distinct case, last quoted 1987 ·
…the decision to grant or deny a motion to take a deposition rests within the sound discretion of the trial court ... and will not be disturbed absent a clear abuse of that discretion
⚠ not in text
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Ismaili, Lakbir Moulay. Appeal of Lakbir Moulay Ismaili
(2×)
the decision to grant or deny a motion to take a deposition rests within the sound discretion of the trial court ... and will not be disturbed absent a clear abuse of that discretion
discussed
Cited "see"
United States v. Allen Morsley, A/K/A Amni Conoa, A/K/A Baldhead, A/K/A Raleek, A/K/A Alan Mosely, United States of America v. Tuval McKoy United States of America v. Melvin Adams
See United States v. Johnpoll, 739 F.2d 702 (2d Cir.), cert. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984). 11 E. 56 Morsley and McKoy challenge the sufficiency of the evidence to support their respective convictions of conspiring to possess with intent to distribute cocaine.
cited
Cited "see"
United States v. Morsley
See United States v. Johnpoll, 739 F.2d 702 (2d Cir.), cert. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984). 11 E.
discussed
Cited "see"
United States v. Jerry Prusan and David Vives
(2×)
See Bell v. United States, 349 U.S. 81 , 75 S.Ct. 620 , 99 L.Ed. 905 (1955) (unit of offense for Mann Act is the interstate journey, not each woman transported). “[C]on-tinuation of a transportation ... could not properly be charged as a separate crime since this would permit fragmentation of one continuous transportation into several segments, opening the door to mischievous abuse of the statute [punishing interstate transportation of stolen property, 18 U.S.C. § 2314 (1988)].” United States v. Johnpoll, 739 F.2d 702, 715 (2d Cir.), cert, de nied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.…
cited
Cited "see"
United States v. Laymon
See United States v. Johnpoll, 739 F.2d 702, 708 (2d Cir.) cert. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984).
cited
Cited "see"
United States v. Antonio Ulloa and Adolpho Transito
See United States v. Johnpoll, 739 F.2d 702 (2d Cir.), cert. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984).
discussed
Cited "see"
United States v. Salim
See United States v. Johnpoll, 739 F.2d 702 (2d Cir.), cert. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984) (defendant waived his right to confront the witness when he and his attorney failed to appear at Swiss depositions); United States v. Sindona, 636 F.2d 792 (2d Cir.1980), cert. denied, 451 U.S. 912 , 101 S.Ct. 1984 , 68 L.Ed.2d 302 (1981) (deposition taken in Italy and attended by lead defense counsel admissible); United States v. Steele, 685 F.2d 793, 808-809 (3d Cir.), cert. denied sub. nom.
discussed
Cited "see"
United States v. George G. Davis
(2×)
See United States v. Johnpoll, 739 F.2d 702, 714 (2d Cir.), cert. denied — U.S. -, 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984).
discussed
Cited "see"
United States v. James Chitty
See United States v. Johnpoll, 739 F.2d 702, 714-15 (2d Cir.) (transportation of securities and, eight days later, of proceeds of same securities was one “transportation”), ce rt. denied, — U.S. -, 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984).
discussed
Cited "see, e.g."
Victor Smith v. State of Indiana
This notion is sometimes phrased as waiver, but the point is the defendant cannot complain of lack of confrontation that was available but not exercised.”) (citing 5 Wigmore, Evidence § 1390 at 136 (Chadbourn rev. 1974) (“Where . . . the failure to obtain cross-examination is in any sense attributable to the cross- examiner’s own consent or fault, the lack of cross-examination is of course no objection—according to the general principle that an opportunity, though waived, suffices.”)); see also United States v. Johnpoll, 739 F.2d 702, 710 (2d Cir. 1984) (holding that the appellant w…
discussed
Cited "see, e.g."
United States v. Lai-Moi Leung and Seow Ming Choon
Although juror requests for additional instructions, which were at issue in Ronder , may give rise to somewhat different concerns than requests for exhibits and transcripts, the risks engendered by informal procedures are similar in both circumstances: by entertaining oral requests and responding immediately, the trial judge may misinterpret what the jury has asked for, may provide an erroneous response, and may foreclose counsel’s opportunity to comment on new matters, see Ulloa, 882 F.2d at 45 ; see also United States v. Johnpoll, 739 F.2d 702, 711 (2d Cir.) (applying Ronder to juror reque…
discussed
Cited "see, e.g."
United States v. Cannistraro
The Court held the defendant “neither waived his right nor acquiesced in his lawyer’s attempted waiver____” Id. at 8 , 86 S.Ct. at 1249 ; see also United States v. Johnpoll, 739 F.2d 702, 710 (2d Cir.1984) (defendant waived right to confront witnesses when he chose not to attend foreign depositions after Government indicated willingness to pay expenses), cer t. denied, 469 U.S. 1075 , 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984), reh’g denied, 469 U.S. 1197 , 105 S.Ct. 982 , 83 L.Ed.2d 983 (1985).
cited
Cited "see, e.g."
Bernstein v. IDT Corp.
See also United States v. Joknpoll, 739 F.2d 702, 714 (2d Cir.), cert. denied, — U.S. —, 105 S.Ct. 571 , 83 L.Ed.2d 511 (1984). 9 .
Retrieving the full opinion text from the archive…
Williams
v.
Procunier, Director, Texas Department of Corrections
v.
Procunier, Director, Texas Department of Corrections
No. 84-5569.
Supreme Court of the United States.
Dec 3, 1984.
Cited by 2 opinions | Published
Citer courts: Third Circuit (2)
C. A. 5th Cir. Certiorari denied.