green
Positive treatment
Quoted verbatim 2×
9.6 score
G Cite
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 17 distinct citers.
discussed
Cited "but see"
United States v. Hector Torres, Bolivar De Leon, Luis Valenzuela and Secundino De Los Santos
But cf. United States v. Montoya, 676 F.2d 428, 431 (10th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 124 , 74 L.Ed.2d 108 (1982) (no charge warranted unless it is “solely within the prosecution’s power to call the witness to testify”); United States v. Anders, 602 F.2d 823, 825 (8th Cir.1979) (same).
examined
Cited as authority (quoted)
United States v. Thomas T. Jones
(2×)
he sentencing court may not present the defendant with a choice between admitting his guilt and enduring a harsher sentence for failing to do so.
examined
Cited as authority (quoted)
United States v. Thomas T. Jones
(2×)
the sentencing court may not present the defendant with a choice between admitting his guilt and enduring a harsher sentence for failing to do so
discussed
Cited "see"
United States v. Thurman
See gen., United States v. Roe, 670 F.2d 956, 971 (11th Cir.1982), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982) (motive of defrauded investors to invest in corporation was relevant to establish their reliance on the misrepresentations by corporate officers); United States v. Talavera, 668 F.2d 625, 630-31 (1st Cir.1982), cert. denied, Pena v. United States, 456 U.S. 978 , 102 S.Ct. 2245 , 72 L.Ed.2d 853 (1982) (evidence of heroin transaction involving one codefendant, where both were charged only with separate cocaine transaction, was admissible to establish the close rel…
discussed
Cited "see"
United States v. Segien
See United States v. Montoya, 676 F.2d 428, 432-33 (10th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 124 , 74 L.Ed.2d 108 (1982); United States v. Riebold, 557 F.2d 697, 705 (10th Cir.), cert. denied, 434 U.S. 860 , 98 S.Ct. 186 , 54 L.Ed.2d 133 (1977).
discussed
Cited "see"
United States v. George Paul Salemo
See United States v. Miller, 676 F.2d 359, 362 (9th Cir.) ("[a] fraudulent scheme may depend on a mailing even after the defrauders have received their money"), cert. denied, 459 U.S. 856 (1982). 34 Salemo further challenges the wire fraud counts alleging that they must meet the "McNally standard." Salemo appears to refer to McNally v. United States, 483 U.S. 350 (1987), wherein the Supreme Court indicated that the mail fraud statute, prior to its recent amendment, did not cover intangible rights theories of prosecutions.
cited
Cited "see"
Mosby v. Cain
See Williford v. Estelle, 672 F.2d 552, 554-55 (5th Cir.), cert. denied, 459 U.S. 856 (1982).
discussed
Cited "see"
Wilson v. Merrell Dow Pharmaceuticals Inc.
See United States v. Montoya, 676 F.2d 428, 431 (10th Cir.1982) (holding that district court did not abuse its discretion in refusing criminal defendant's request for a missing witness instruction regarding a government informant when defense counsel made only one attempt to meet with informant and did not attempt to subpoena him), cert. denied, 459 U.S. 856 , 103 S.Ct. 124 , 74 L.Ed.2d 108 (1983). 10 We thus conclude that the district court did not abuse its discretion in declining to give a missing witness instruction.
discussed
Cited "see"
Wilson ex rel. Wilson v. Merrell Dow Pharmaceuticals Inc.
See United States v. Montoya, 676 F.2d 428, 431 (10th Cir.1982) (holding that district court did not abuse its discretion in refusing criminal defendant’s request for a missing witness instruction regarding a government informant when defense counsel made only one attempt to meet with informant and did not attempt to subpoena him), cert. denied, 459 U.S. 856 , 103 S.Ct. 124 , 74 L.Ed.2d 108 (1983).
discussed
Cited "see"
Earnest Walker v. A.L. Lockhart, Director, Arkansas Department of Correction
See Comer v. Parratt, 674 F.2d 734, 737 (8th Cir.) (“Generally, decisions relating to a reasoned choice of trial strategy * * * are not cognizable in a federal habeas corpus proceeding.”), cert. denied, 459 U.S. 856 , 103 S.Ct. 125 , 74 L.Ed. 2d 108 (1982).
discussed
Cited "see"
United States v. Fred M. Mosely
See United States v. Roe, 670 F.2d 956, 961 (11th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982); United States v. Sarris, 632 F.2d 1341, 1343 (5th Cir.1980); Carbo v. United States, 314 F.2d 718, 748 (9th Cir.1963), cert. denied, 377 U.S. 953 , 84 S.Ct. 1625 , 12 L.Ed.2d 498 (1964).
cited
Cited "see"
United States v. Ricks
See United States v. Roe, 670 F.2d 956, 961 (11th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982) (collecting cases).
discussed
Cited "see"
ca4 1986
See United States v. Roe, 670 F.2d 956, 961 (11th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982) (collecting cases). 30 The cases involving the "jury box" method of selection also demonstrate that the trial court may adopt a procedure that significantly limits the relative value of the challenges.
cited
Cited "see"
United States v. Ronald Michael Goerlich, Jr.
See United States v. Montoya, 676 F.2d 428 (10th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 124 , 74 L.Ed.2d 108 (1982).
discussed
Cited "see, e.g."
Howard v. State
Kendall, 766 F.2d at 1440-41 (citations and footnote omitted); see also United States v. Roe, 670 F.2d 956, 965-967 (11th Cir.1982), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982), (court did not abuse its discretion in admitting 404(b) evidence disclosed for the first time at trial despite magistrate's order mandating pretrial disclosure); and United States v. Fitterer, 710 F.2d 1328, 1332-33 (8th Cir.1983), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 LEd.2d 150 (1983). [120] At the time the Tenth Circuit decided Kendall, federal Rule 404(b) was identical to Wyoming's.
discussed
Cited "see, e.g."
State v. Brunson
See, e.g., United States v. Roe, 670 F.2d 956, 961 (11th Cir.), cert. denied 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982); United States v. Sarris, 632 F.2d 1341, 1343 (5th Cir.1980); Carbo v. United States, 314 F.2d 718, 748 (9th Cir.1963), cert. denied, 377 U.S. 953 , 84 S.Ct. 1625 , 12 L.Ed. 2d 498 (1964); Hanson v. United States, 271 F.2d 791, 793 (9th Cir.1959).
discussed
Cited "see, e.g."
United States v. Barker
See also United States v. Roe, 670 F.2d 956, 963 (11th Cir.), cert. denied, 459 U.S. 856 , 103 S.Ct. 126 , 74 L.Ed.2d 109 (1982) (district court’s failure to hold a James hearing, by itself, is not reversible error). 3.
Montoya
v.
United States
v.
United States
No. 81-6989.
Supreme Court of the United States.
Oct 4, 1982.
Published
Citer courts: D.C. Circuit (4)
C. A. 10th Cir. Certiorari denied.