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Top citers, strongest first. 22 distinct citers.
How cited ↗
discussed
Cited "see"
State v. Fields
Nevertheless, the court possesses the discretion to grant a new trial when the witness’s testimony is essentially uncorroborated and dispositive of the question of guilt or innocence and it “appears that had the impeaching evidence been introduced, it is likely that the jury would have reached a different result.” United States v. Davila, 428 F.2d 465, 466 (9th Cir.1970); accord United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia, 922 F.2d 413, 415-16 (7th Cir.1991); United States v. Harpster, …
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Cited "see"
State v. Everett
Nevertheless, the court possesses the discretion to grant a new trial when the witness’s testimony is essentially uncorroborated and dispositive of the question of guilt or innocence and it “appears that had the impeaching evidence been introduced, it is likely that the jury would have reached a different result.” United States v. Davila, 428 F.2d 465, 466 (9th Cir.1970); accord United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia, 922 F.2d 413, 415-16 (7th Cir.1991); United States v. Harpster, …
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Cited "see"
State v. Lindsey
Nevertheless, the court possesses the discretion to grant a new trial when the witness’s testimony is essentially uncorroborated and dispositive of the question of guilt or innocence and it “appears that had the impeaching evidence been introduced, it is likely that the jury would have reached a different result.” United States v. Davila, 428 F.2d 465, 466 (9th Cir.1970); accord United States v. Davis, 960 F.2d 820, 825 (9th.Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia , 922 F.2d 413, 415-16 (7th Cir.1991); Un ited States v. Harpster…
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Cited "see"
State v. Brooks
Nevertheless, the court possesses the discretion to grant a new trial when the witness's testimony is essentially uncorroborated and dispositive of the question of guilt or innocence and it "appears that had the impeaching evidence been introduced, it is likely that the jury would have reached a different result." United States v. Davila, 428 F.2d 465, 466 (9th Cir.1970); accord United States v.. Davis, 960 F.2d 820 , 825 (9th Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia, 922 F.2d 413, 415-16 (7th Cir. 1991); United States v. Harpster, 759…
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Cited "see"
State v. Cavalier
Nevertheless, the court possesses the discretion to grant a new trial when the witness's testimony is essentially uncorroborated and dispositive of the question of guilt or innocence and it "appears that had the impeaching evidence been introduced, it is likely that the jury would have reached a different result." United States v. Davila, 428 F.2d 465, 466 (9th Cir.1970); accord United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia, 922 F.2d 413, 415-16 (7th Cir.1991); United States v. Harpster, 759 F.…
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Cited "see"
Securities and Exchange Commission v. American Capital Investments, Inc. Stephen J. Murphy Kenneth A. Sorensen Richard D. Otto Adfin Corporation Aci Investors Protective Association, and Approximately 127 Aci (American Capital Investments) Investors, William Shaw v. Richard G. Shaffer, Court Appointed Receiver For
See In re San Vicente Medical Partners, Ltd., 962 F.2d 1402, 1405 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992). 13 For the claims of nonparties to property claimed by receivers, summary proceedings satisfy due process so long as there is adequate notice and opportunity to be heard.
cited
Cited "see"
96 Cal. Daily Op. Serv. 7764, 96 Daily Journal D.A.R. 12,831 Securities and Exchange Commission v. American Capital Investments, Inc. Stephen J. Murphy Kenneth A. Sorensen Richard D. Otto Adfin Corporation Einhorn & Edgerton, and John P. Shelton Aci Investors Protective Association, and Approximately 127 Aci (American Capital Investments) Investors, Richard G. Shaffer, United States Securities and Exchange Commission v. American Capital Investments, Inc. John P. Shelton Aci Investors Protective Association, and Approximately 127 Aci (American Capital Investments) Investors, Richard G. Shaffer, and Stephen J. Murphy Kenneth A. Sorensen Richard D. Otto Adfin Corporation, Securities and Exchange Commission v. American Capital Investments, Inc., John Shelton Aci Investors Protective Association and Approximately 156 Aci Investors v. Richard G. Shaffer, Court Appointed Receiver for American Capital Investments, Inc., Securities and Exchange Commission, and John P. Shelton, Esq. Approximately 156 Aci Investors Aci Investors Protective Association v. American Capital Investments, Inc., and Richard G. Shaffer, Court Appointed Receiver for American Capital Investments, Inc.
See SEC v. American Principals Holding, Inc. (In re San Vicente Medical Partners Ltd.), 962 F.2d 1402, 1406 (9th Cir.), cert. denied, 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992). 1.
cited
Cited "see"
Securities & Exchange Commission v. American Capital Investments, Inc.
See SEC v. American Principals Holding, Inc. (In re San Vicente Medical Partners Ltd.), 962 F.2d 1402, 1406 (9th Cir.), cert. denied 506 U.S. 873 , 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992). 1.
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Cited "see"
United States v. Juan Ramon Matta-Lopez, AKA Matta-Ballesteros, AKA Juan Ramon, AKA El Negro, AKA Juan Ramon Matta
See United States v. Davis, 960 F.2d 820, 824-825 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992).
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Cited "see"
United States v. Olivia Martinez-Martinez
See United States v. Davis, 960 F.2d 820, 828 (9th Cir.) (noting that "[a] criminal conspiracy may be established 'regardless of whether the crime agreed upon is actually committed.’") (quoting United States v. Feola, 420 U.S. 671, 694 , 95 S.Ct. 1255, 1268 , 43 L.Ed.2d 541 (1975)), cert. denied, — U.S. —, 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992). 10 .
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Cited "see"
United States v. Pattern George Kauwe, Jr.
See United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992).
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Cited "see"
United States v. Paul Brumfield, Jr.
See United States v. Davis, 960 F.2d 820, 829 (9th Cir.) ("[T]he fact that section 3E1.1 forces a defendant to make a difficult choice does not infringe the defendant's constitutional rights."), cert. denied, 113 S.Ct. 210 (1992). 15 Accordingly, the court properly denied Brumfield the additional one-level reduction for acceptance of responsibility. 16 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
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Cited "see"
United States v. Peter Charles Acuna
See United States v. Davis, 960 F.2d 820, 826-27 (9th Cir.), cert. denied, — U.S. —, 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taylor, 716 F.2d 701, 711 (9th Cir.1983) (Taylor).
discussed
Cited "see"
United States v. David Anthony McGee
See United States v. Davis, 960 F.2d 820, 824-45 (9th Cir.1992), cert. denied, 113 S.Ct. 210 (1992). 5 McGee argues that proof of Taylor's death would have strengthened his argument that he innocently obtained the counterfeit bills from Taylor, if only because it would have proved that he was not lying about Taylor's existence.
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Cited "see"
United States v. Elmo Sanchez Abad
See United States v. Davis, 960 F.2d 820, 829 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992). 5 We also agree with the district court that Abad did not provide complete information to the government.
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Cited "see"
United States v. Jose Antonio Pons
See United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992) (evidence that is cumulative or that could have been discovered before trial does not constitute "newly discovered evidence" for purposes of a Rule 33 motion).
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Cited "see"
United States v. Williams
See United States v. Davis, 960 F.2d 820, 825 (9th Cir.), cert. denied, — U.S. -, 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Taglia, 922 F.2d 413, 415 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 2040 , 114 L.Ed.2d 125 (1991).
cited
Cited "see, e.g."
United States v. Randall Wynn, United States of America v. Abel Oliveras-Perez, United States of America v. Adrian Plasencia-Garcia
See also United States v. Davis, 960 F.2d 820, 828-29 (9th Cir.), cert. denied, 113 S. Ct. 210 (1992).
discussed
Cited "see, e.g."
United States v. Simon Fortanel-Gonzales
See, e.g., United States v. Davis, 960 F.2d 820, 824 (9th Cir.) (when all defendants appealed the judgment of conviction, but only one defendant appealed the denial of new trial motion, court considered appeal of new trial motion as to all defendants because government was not prejudiced), cert. denied, 113 S.Ct. 210 (1992); Stone v. Godbehere, 894 F.2d 1131 , 1133 n. 1 (9th Cir.1990) (considering state's arguments concerning habeas petition even though the state filed a notice of appeal only to the denial of a new trial because no prejudice to petitioner).
cited
Cited "see, e.g."
United States v. Clyde Gene Goeke
See also United States v. Davis, 960 F.2d 820, 828 (9th Cir.), cert. denied, 113 S.Ct. 210 (1992).
discussed
Cited "see, e.g."
United States v. Bryan Thornton, A/K/A \Moochie\"
United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir.), cert. denied, 497 U.S. 1029 , 110 S.Ct. 3284 , 111 L.Ed.2d 792 (1990). 44 Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case.
discussed
Cited "see, e.g."
United States v. Thornton
United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir.), cert. denied, — U.S. -, 113 S.Ct. 210 , 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir.), cert. denied, 497 U.S. 1029 , 110 S.Ct. 3284 , 111 L.Ed.2d 792 (1990).
Retrieving the full opinion text from the archive…
SAN VICENTE MEDICAL PARTNERS, LTD.
v.
Ashley S. ORR, Receiver of American Principals Corporation
v.
Ashley S. ORR, Receiver of American Principals Corporation
No. 92-274.
Supreme Court of the United States.
Oct 5, 1992.
113 S. Ct. 210
Published
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
Denied.