green
Positive treatment
5.6 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "see"
Jory Cedillo Vega v. State
See Barnes v. State , 876 S.W.2d 316, 328 (Tex.Crim.App. 1994), cert. denied , Barnes v. Texas , 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994)(failure to move for a continuance or object on the basis of surprise failed to preserve the matter for appellate review, even though the court had ordered a witness list to be furnished prior to trial).
discussed
Cited "see"
Jory Cedillo Vega v. State
See Barnes v. State, 876 S.W.2d 316, 328 (Tex.Crim.App. 1994), cert. denied, Barnes v. Texas, 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994)(failure to move for a continuance or object on the basis of surprise failed to preserve the matter for appellate review, even though the court had ordered a witness list to be furnished prior to trial).
discussed
Cited "see"
Courson v. State
See Barnes v. State, 876 S.W.2d 316, 321 (Tex.Crim.App.) (“The jury is the exclusive judge of the credibility of witnesses and of the weight to be given their testimony.”), cert. denied, 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994).
cited
Cited "see"
Torres v. State
See Barnes v. State, 876 S.W.2d 316, 321 (Tex.Crim.App.1994), cert. denied, 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994); Beardsley v. State, 738 S.W.2d 681, 685 (Tex.Crim.App.1987).
cited
Cited "see"
Ladd v. State
See Barnes v. State, 876 S.W.2d 316, 329-330 (Tex.Crim.App.), cert. denied, 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994).
cited
Cited "see"
United States v. Johntae R. King
See United States v. Bautista, 23 F.3d 726, 730 (2nd Cir.), cert. denied, 513 U.S. 862 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994).
cited
Cited "see"
Jones v. State
See Barnes v. State, 876 S.W.2d 316, 326 (Tex.Crim.App.), cert. denied, 513 U.S. 861 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994).
discussed
Cited "see"
United States v. Storey
See United States v. Bautista, 23 F.3d 726, 731 (2d Cir.) (rejecting appellant's claim that because his photograph was "slightly brighter and slightly more closeup than the others" the array was unnecessarily suggestive), cert. denied, 115 S.Ct. 174 (1994). 14 Nor do we find all the above irregularities viewed in combination and in light of the small number of photographs in the array enough to make the photographic array unnecessarily suggestive.
discussed
Cited "see"
United States v. Christina Isaza-Zapata
See United States v. Bautista, 23 F.3d 726, 733-34 (2d Cir.), cert. denied, 115 S.Ct. 174 (1994). 16 Isaza argues that the prosecutor's second statement--"I am going to ask you to think about defendant's story from two perspectives.
discussed
Cited "see"
Green v. State
(2×)
See Barnes v. State, 876 S.W.2d 316, 329-30 (Tex.Cr.App.), cert. denied, — U.S. -, 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994).
discussed
Cited "see"
Phipps v. State
See Barnes v. State, 876 S.W.2d 316 (Tex.Crim.App.1994), cert. de nied, — U.S. -, 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994); Fuller v. State, 829 S.W.2d 191 (Tex.Crim.App.1992), cert. de *958 nied, — U.S. -, 113 S.Ct. 2418 , 124 L.Ed.2d 640 (1993); and Long v. State, supra. State’s Exhibit 58 is an 8" x 12" color photograph depicting the head of the victim with the top layer of skin peeled over the top of the skull revealing three distinct bruise-like spots.
discussed
Cited "see, e.g."
United States v. Perry
Compare United States v. Windom, 19 F.3d 1190, 1195 (7th Cir.), cert. denied, 513 U.S. 862 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (1994) (concluding that multiple counts of possession with intent to distribute heroin and cocaine were properly joined, because the crimes are of the same character) with Randazzo, 80 F.3d at 628 (concluding that to charge “adulterating or mislabeling shrimp [with] tax fraud [would require] a level of generality so high as to drain the term of any real content”).
discussed
Cited "see, e.g."
United States v. Aiken
See, e.g., United *1353 States v. Windom, 19 F.3d 1190, 1198 (7th Cir.), cert. denied, 513 U.S. 862 , 115 S.Ct. 174 , 130 L.Ed.2d 110 (“[P]rejudice requiring severance is not shown if evidence on the severed counts would be admissible in the trial of the remaining counts.”); United States v. Ballis, 28 F.3d 1399, 1408-1409 (5th Cir.1994) (“No prejudice inures to the defendant where a severance of counts would not result in a segregation of evidence.”) The reasoning underlying these cases is well-founded and explained in Richardson v. Marsh, 481 U.S. 200, 210 , 107 S.Ct. 1702, 1708-09 ,…
discussed
Cited "see, e.g."
State v. Napulou
United States v. Dahdah, 864 F.2d 55, 59 (7th Cir.) (“[C]ommenting on a defendant’s failure to call a witness does not have the effect of shifting the burden of proof unless it taxes the exercise of the defendant’s right not to testify, a claim Dahdah does not make here.”), cert. denied, 489 U.S. 1087 , 109 S.Ct. 1550 , 103 L.Ed.2d 853 (1989); United States v. Schultz, 698 F.2d 365, 367 (8th Cir.1983) (prosecutorial comment on defendant’s failure to call an available alibi witness does not impermissibly shift the burden of proof to defendant); State v. Macon, 845 S.W.2d 695, 696 (Mo.…
discussed
Cited "see, e.g."
United States v. Antonio Chairez, Also Known as Joel Chairez
(2×)
United States v. Soto, 779 F.2d 558, 560 (9th Cir.1986) (where firearm was found underneath defendant’s seat, court held “mere presence as a passenger ... does not establish possession” and “proximity of a weapon ... goes only to its accessibility, not to the dominion or control”), cert. denied, 484 U.S. 833 , 108 S.Ct. 110 , 98 L.Ed.2d 70 (1987); United States v. Blue, 957 F.2d 106, 108 (4th Cir.1992) (officer’s claim that he saw defendant’s shoulder “dip” and the discovery of a pistol under defendant’s seat not enough to show possession) (citing United States v. Soto with…
discussed
Cited "see, e.g."
United States v. Ramon Martinez
(2×)
Although we have suggested that as little as four or five grams of narcotics might be a distributable amount under particular circumstances, see United States v. Peterson, 768 F.2d 64 , 66 n. 1 (2d Cir.) (citing United States v. Ramirez, 608 F.2d 1261, 1264 (9th Cir.1979)), cert. denied, 474 U.S. 923 , 106 S.Ct. 257 , 88 L.Ed.2d 264 (1985); see also United States v. Bautista, 23 F.3d 726, 729, 734 (2d Cir.) (affirming conviction for possession with intent to distribute .477 grams of cocaine, although sufficiency of evidence was not challenged on appeal), cert. denied, — U.S. -, 115 S.Ct. 174…
Retrieving the full opinion text from the archive…
Windom
v.
United States
v.
United States
No. 93-9715.
Supreme Court of the United States.
Oct 3, 1994.
Published
C. A. 7th Cir. Certiorari denied.