green
Positive treatment
Quoted verbatim 1×
9.5 score
“we are unable to see how the use of the magnifying glass to view photographs differs from the use of corrective eyeglasses by jurors”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Distinguished
United States v. Johnaton Sampson George
See United States v. Brewer, 788 F.2d 841, 843 (9th Cir.1986), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986) (holding use of a magnifying glass indistinguishable from a juror’s use of corrective eyeglasses to examine evidence); United States v. Miranda, 986 F.2d 1283, 1286 (9th Cir.1993), cert. denied, — U.S. -, 113 S.Ct. 2393 , 124 L.Ed.2d 295 (1993) (noting that defendant alleging juror misconduct involving magnifying glass conceded, “as he must,” that a magnifying glass is not extrinsic evidence).
discussed
Cited as authority (quoted)
Commonwealth v. Silva
we are unable to see how the use of the magnifying glass to view photographs differs from the use of corrective eyeglasses by jurors
cited
Cited "see"
Marcus Louis Howell v. E.J. Brenen Daniel E. Lungren, Attorney General
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.) (magnifying glass used to examine photographic evidence was not extrinsic evidence), cert. denied, 479 U.S. 831 (1986).
discussed
Cited "see"
Norfolk v. Houston
See Perri v. Director of the Dep’t of Corrections of Illinois, 817 F.2d 448 , 451 (7th Cir.) (presumption of correctness applies to state court’s finding of a “knowing and intelligent” waiver of Miranda rights), cert. denied, 484 U.S. 843 , 108 S.Ct. 135 , 98 L.Ed.2d 92 (1987); Derrick v. Peterson, 924 F.2d 813 (9th Cir. 1990) (same), cert. denied, 502 U.S. 853 , 112 S.Ct. 161 , 116 L.Ed.2d 126 (1991); Collazo v. Estelle, 940 F.2d 411 (9th Cir.1991) (following Derrick), cert. denied, 502 U.S. 1031 , 112 S.Ct. 870 , 116 L.Ed.2d 776 (1992); see Ahmad v. Redman, 782 F.2d 409, 412-13 (3rd …
cited
Cited "see"
United States v. Kon Yu-Leung, Also Known as Johnny Kon, John Ruotolo
See United States v. Weichert, 783 F.2d 23, 25 (2d Cir.) (per curiam), cert. denied, 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 64 (1986).
discussed
Cited "see"
Banghart v. Origoverken, A.B.
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.), cert denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986) (holding that a magnifying-glass, which was not admitted into evidence but which the jurors used to examine photographic evidence, was not extrinsic evidence because no one asserted that “the jurors understood the magnifying glass itself to have any bearing on the case”).
discussed
Cited "see"
Banghart v. Origoverken
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.), cert denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986) (holding that a magnifying glass, which was not admitted into evidence but which the jurors used to examine photographic evidence, was not extrinsic evidence because no one asserted that "the jurors understood the magnifying glass itself to have any bearing on the case").
discussed
Cited "see"
United States v. Douglas Fred Dorsey
See United States v. Brewer, 783 F.2d 841, 842 (9th Cir.1986), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986) (in a pve-Daubert case, testimony was not allowed of a forensic anthropologist who was to testify that the defendant might not be the robber in a surveillance picture, on the grounds that the jury could make that comparison on its own).
cited
Cited "see"
United States v. Louis Gomez-Gomez
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.), cert. denied, 479 U.S. 831 (1986).
discussed
Cited "see"
United States v. Vincent A. Thorne, United States of America v. Ian A. Thorne, United States of America v. Antonio Pender, United States of America v. Raymond M. Haynes
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.) (failure to appoint expert on eyewitness identification not error where no showing of actual prejudice), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986). 42 The district court limited cross-examination of Officer Stroud on the issue of the difference in purities between the drugs in the house and the drugs sold by Haynes on the street.
discussed
Cited "see"
United States v. Thorne
See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.) (failure to appoint expert on eyewitness identification not error where no showing of actual prejudice), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986).
discussed
Cited "see"
United States v. Sharon Ann Rahm
(2×)
See United States v. Brewer, 783 F.2d 841, 842 (9th Cir.) (definiteness of opinion legitimately considered as one non-dispositive factor in determining admissibility of expert anthropological testimony), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986).
discussed
Cited "see"
Morgan Guaranty Trust Company Of New York v. Republic Of Palau
See United States v. Covington, 783 F.2d 1052, 1056 (9th Cir.1985) (confession given in Republic of the Marshall Islands after approval of free association status treated as given in "foreign country"), cert. denied, 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 64 (1986); Commonwealth of Northern Mariana Islands v. Atalig, 723 F.2d 682, 687 (9th Cir.) (application of local law after approval of Covenant granting Commonwealth status to Northern Mariana Islands), cert. denied, 467 U.S. 1244 , 104 S.Ct. 3518 , 82 L.Ed.2d 826 (1984).
discussed
Cited "see"
Morgan Guaranty Trust Co. of New York v. Republic of Palau
See United States v. Covington, 783 F.2d 1052, 1056 (9th Cir.1985) (confession given in Republic of the Marshall Islands after approval of free association status treated as given in “foreign coun try”), cert. denied, 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 64 (1986); Commonwealth of Northern Mariana Islands v. Atalig, 723 F.2d 682, 687 (9th Cir.) (application of local law after approval of Covenant granting Commonwealth status to Northern Mariana Islands), cert. denied, 467 U.S. 1244 , 104 S.Ct. 3518 , 82 L.Ed.2d 826 (1984).
discussed
Cited "see"
United States v. Skelton
See United States v. Ferri, 778 F.2d 985, 993 (3d Cir.1985), cert. denied, 476 U.S. 1172 , 106 S.Ct. 2896 , 90 L.Ed.2d 983 , 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 63 (1986). 21 Ultimately it decided that a new trial was required for several reasons: 22 First, the allegations and evidence of possible juror bias are troubling.
discussed
Cited "see"
State v. Conner
Evid., 17A A.R.S.; see United States v. Weichert, 783 F.2d 23, 25 (2d Cir.1986), cert. denied, 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 64 (1986) {Luce extends to FRE 608(b) cases because of balancing requirements of FRE 403).
cited
Cited "see"
United States v. Skelton
See United States v. Ferri, 778 F.2d 985, 993 (3d Cir.1985), cert. denied, 476 U.S. 1172 , 106 S.Ct. 2896 , 90 L.Ed.2d 983 , 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 63 (1986).
discussed
Cited "see, e.g."
State v. Keller
See also United States v. Covington, 783 F.2d 1052 (9th Cir.), cert. denied, 479 U.S. 831 , 107 S.Ct. 117 , 93 L.Ed.2d 64 (1986)(citing Chavarria’s hold ing that the exclusionary rule is not applicable to interrogations performed by foreign police officers acting in their own country).
discussed
Cited "see, e.g."
Vernon Jackson v. Eddie Ylst
In fact, in prior cases we have concluded that the district court did not abuse its discretion in denying an application for the appointment of an expert on eyewitness identification because cross-examination is sufficient to “alert jurors to specific conditions that render a particular eyewitness identification unreliable.” United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987); see also United States v. Brewer, 783 F.2d 841, 842-43 (9th Cir.), cert. denied, 479 U.S. 831 , 107 S.Ct. 118 , 93 L.Ed.2d 64 (1986) (upholding trial court’s decision not to appoint eyewitness expert un…
discussed
Cited "see, e.g."
United States v. Cruz, Jose, United States of America v. Alverio, Julian Miguel
A survey of analogous cases convinces us, however, that our inquiry involves “a hybrid question of law and fact subsuming a complex of values, and as such cannot be treated as a simple question of historical fact.” United States v. Fraction, 795 F.2d 12, 14 (3d Cir.1986) (issue of involuntariness is subject to plenary review.) Determining whether any given explanation of rights is sufficient “requires us to ‘consider legal concepts in the mix of fact and law and to exercise judgment about the values’ underlying the Miranda rule and the fifth amendment.” United States v. Calisto, 83…
Retrieving the full opinion text from the archive…
Leal
v.
United States
v.
United States
No. 85-6637.
Supreme Court of the United States.
Oct 6, 1986.
Published
Citer courts: Massachusetts Supreme Judicial… (1)
C. A. 5th Cir. Cer-tiorari denied.