green
Positive treatment
Quoted verbatim 3×
6.9 score
“a reasonable expectation that a communication is not subject to interception is required for protection under title iii if the interception is of an oral, as opposed to a wire, communication.”
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Grey Bear
But cf. United States v. Harrelson, 754 F.2d 1153, 1176-78 (5th Cir.), cert. denied, 474 U.S. 908 , 1034, 106 S.Ct. 277 , 599, 88 L.Ed.2d 241 , 578 (1985) ("the propriety of joinder under Rule 8 is determined by the initial allegations of the indictment”). .
discussed
Cited "but see"
United States v. Loren Michael Grey Bear, Tayron Dale Dunn, A/K/A Terry Dunn, Leonard George Fox and John Emmanuel Perez, A/K/A John Perez, United States of America v. Jesse Dean Cavanaugh, Paul Henry Cavanaugh, Maynard James Dunn, Timothy Sylvester Longie, Jr., Roger Darrel Charboneau, Dwayne Allen Charboneau, Richard John Lafuente, A/K/A Ricky Lafuente
the propriety of joinder under rule 8 is determined by the initial allegations of the indictment
discussed
Cited as authority (quoted)
Fearnow v. Chesapeake & Potomac Telephone Co.
a reasonable expectation that a communication is not subject to interception is required for protection under title iii if the interception is of an oral, as opposed to a wire, communication.
discussed
Cited as authority (quoted)
United States v. Zolp
once the government has made a prima facie showing that the attorney was retained to promote intended or continuing criminal activity, the privilege may not be asserted
discussed
Cited "see"
United States v. Clinton Manges David Wayne Myers and Carl Hubert Shanklin
See United States v. Harrelson, 754 F.2d 1153, 1175 (5th Cir.1985) (denying one defendant's claim of prejudice based on her co-defendant's loathsome reputation as a hired killer), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
discussed
Cited "see"
Medicare & Medicaid Guide P 43,587 United States of America v. Beryl Kate Freshour, Phillip Grayor Tino, and Page Kilday Tino
See Ford v. Ford, 749 F.2d 681 (11th Cir.) (brothers disagreed about pleading guilty), cert. denied 474 U.S. 909 (1985); Thomas v. Foltz, 818 F.2d 476 (6th Cir.1987) (counsel put pressure on one defendant to plead guilty in order to protect interests of remaining defendants), cert. denied, 484 U.S. 870 (1987); United States v. Gilliam, 975 F.2d 1050 (4th Cir.1992) (father and son disagreed about whether to plead guilty or not, and father persuaded son to change his mind to protect father's interest).
cited
Cited "see"
Clarence Jackson, Plaintiff-Appellee/cross-Appellant v. Bunge Corporation, Defendant-Appellant/cross-Appellee
See Midgett v. Sackett-Chicago, Inc., 105 Ill.2d 143 , 85 Ill.Dec. 475, 479 , 473 N.E.2d 1280, 1284 (1984), cert. denied, 474 U.S. 909 , 106 S.Ct. 278 , 88 L.Ed.2d 243 (1985).
discussed
Cited "see"
Thomas H. Egan v. Wells Fargo Alarm Services, Also Known as Baker Protective Services, Inc.
See Midgett v. Sackett-Chicago, Inc., 105 Ill.2d 143 , 85 IIl.Dec. 475, 478-79, 473 N.E.2d 1280, 1283-84 (1984) (permitting contract employee to bring tort action against employer for discharge in retaliation for filing of workers' compensation claim), cert. denied, 474 U.S. 909 , 106 S.Ct. 278 , 88 L.Ed.2d 243 (1985); Driveaway and Truckaway Service, Inc. v. Aaron Driveaway & Truckaway Co., 781 F.Supp. 548, 552 (N.D.Ill.1991) (acknowledging Midgett's extension of retaliatory discharge tort beyond at-will employees, but declining to extend rule to agent non-employee).
discussed
Cited "see"
Lou Angel John Dilliner Scott Malone v. Thomas L. Williams Sylvia A. Byrnes-Ales Donna Humphrey the City of Webb City, a Municipal Corporation
See United States v. Harrelson, 754 F.2d 1153, 1169 (5th Cir.) (holding that it was not objectively reasonable to expect no interception of a conversation that took place in jail), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 and 474 U.S. 1034 , 106 S.Ct. 599 , 88 L.Ed.2d 578 (1985); see also Omnibus Crime Control and Safe Streets Act of 1968, S.Rep.
discussed
Cited "see"
Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary
(2×)
See United States v. Harrelson, 754 F.2d 1153, 1165 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985) (recusal not necessary absent specific conduct evidencing prejudice against defendant).
cited
Cited "see"
Estee Lauder, Inc. v. United States Food & Drug Administration
See American Federation of Government Employees v. O’Connor, 747 F.2d 748 , 754 (D.C.Cir.1984), ce rt. denied, 474 U.S. 909 , 106 S.Ct. 279 , 88 L.Ed.2d 243 (1985).
cited
Cited "see"
United States v. Juan Francisco Valdez
See United States v. Harrelson, 754 F.2d 1153, 1175 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
cited
Cited "see"
Fern v. United States
See Shanghai Power Co. v. United States, 4 Cl.Ct. 237, 240 (1983), aff'd., 765 F.2d 159 (Fed.Cir.1983), cert. denied, 474 U.S. 909 , 106 S.Ct. 279 , 88 L.Ed.2d 243 (1985).
cited
Cited "see"
Coleman v. Safeway Stores, Inc.
See Midgett v. Sackett-Chicago, Inc., 105 Ill. 2d 143, 150 , 473 N.E.2d 1280 (1984), cert. denied 472 U.S. 1032 , 474 U.S. 909 (1985).
discussed
Cited "see"
UNITED STATES of America v. Betty JORDAN
(2×)
See United States v. Harrelson, 754 F.2d 1153 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
discussed
Cited "see, e.g."
United States v. James M. Lewis Debra Faye Lewis
United States v. Chagra, 807 F.2d 398, 402 (5th Cir.1986), ce rt. denied, 484 U.S. 832 , 108 S.Ct. 106 , 98 L.Ed.2d 66 (1987) (after rejecting the defendant’s argument that the jury instruction, which did not demand proof of an intent to kill but only demanded proof of reckless acts causing the death of another, was error, the court noted that the instruction reflected the correct definition of malice); see also, United States v. Harrelson, 766 F.2d 186 , 189 n. 5 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985); and United States v. McRae, 593 F.2d 700, 703 (5t…
discussed
Cited "see, e.g."
State v. Mazzone
See, e.g., United States v. Harrelson, 754 F.2d 1153, 1168 (5th Cir.1985) (interpreting an identical federal wiretap provision, codified at 18 U.S.C. § 2518 (5), and requiring monitoring agents to minimize interception of privileged communications), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
cited
Cited "see, e.g."
State v. Smith
Id.; see also United States v. Harrelson, 754 F.2d 1153, 1169 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985); State v. Hussey, 469 So.2d 346, 351 (La.
discussed
Cited "see, e.g."
Retherford v. AT & T Communications of the Mountain States, Inc.
(2×)
See Peterson, 832 P.2d at 1287 n. 2 (Zimmerman, J., concurring and dissenting, joined by Hall, C.J.); Berube, 771 P.2d at 1043 n. 10 (opinion of Durham, J., joined by Stewart, J.); id. at 1051 (Zimmerman, J., concurring in the result); see also Midgett v. Sackett-Chicago, Inc., 105 Ill.2d 143 , 85 Ill.Dec. 475, 478-79 , 473 N.E.2d 1280, 1283-84 (1984), cert. denied, 474 U.S. 909 , 106 S.Ct. 278 , 88 L.Ed.2d 243 (1985); Ewing v. Koppers Co., 312 Md. 45 , 537 A.2d 1173, 1175 (1988); Lepore v. National Tool & Mfg.
discussed
Cited "see, e.g."
United States v. Victor Arditti, United States of America v. Guillermo Avila
(2×)
See, e.g., United States v. Harrelson, 754 F.2d 1153, 1172 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
discussed
Cited "see, e.g."
United States v. Gatto
See McQueeny, 779 F.2d at 923 (unfair prejudice is not simply testimony adverse to opponent); see also United States v. Harrelson, 754 F.2d 1153, 1179-80 (5th Cir.) (where witness did not positively identify defendant before she was hypnotized, but also did not fail to identify defendant before she was hypnotized, the testimony was beyond the exclusionary rule formulated in Valdez), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
discussed
Cited "see, e.g."
United States v. Gatto
See McQueeny, 779 F.2d at 923 (unfair prejudice is not simply testimony adverse to opponent); see also United States v. Harrelson, 754 F.2d 1153, 1179-80 (5th Cir.) (where witness did not positively identify defendant before she was hypnotized, but also did not fail to identify defendant before she was hypnotized, the testimony was beyond the exclusionary rule formulated in Valdez), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985).
discussed
Cited "see, e.g."
Tarwater v. State
See also Ford v. Ford, 749 F2d 681 (11th Cir. 1985), cert. denied 474 U. S. 909 , in which the court found an actual conflict in the representation of two brothers by the same attorney when one defendant wanted a jury trial and the state would refrain from seeking the death penalty only if both pled guilty.
discussed
Cited "see, e.g."
Herman Chang, Patrick Conners, William Guthrie, Warren Parkhurst, John Register and John Woodward v. The United States
However, as the Claims Court observed, “those who enter into employment contracts overseas do so in light of one salient fact of economic life: that their ability to perform and compel performance is contingent upon the continuation of friendly relations between nations.” 13 Cl.Ct. at 559-60 ; see also Shanghai Power Co. v. United States, 4 Cl.Ct. 237, 245 (1983), aff'd, 765 F.2d 159 (Fed.Cir.1985), cert. denied, 474 U.S. 909 , 106 S.Ct. 279 , 88 L.Ed.2d 243 (1985).
discussed
Cited "see, e.g."
Walt v. State
Compare Midgett v. Sackett-Chicago, Inc., 105 Ill.2d 143 , 85 Ill.Dec. 475 , 473 N.E.2d 1280 (1984) (holding employees subject to collective bargaining agreement could bring a tort action for retaliatory discharge), cert. denied, 474 U.S. 909 , 106 S.Ct. 278 , 88 L.Ed.2d 243 (1985), cert. denied, 472 U.S. 1032 , 105 S.Ct. 3513 , 87 L.Ed.2d 642 (1985), leave to appeal granted and aff'd on other grounds sub nom.
discussed
Cited "see, e.g."
United States v. Billy L. Massey and Larry P. Wages
See also United States v. Harrelson, 754 F.2d 1153, 1174 (5th Cir.), cert. denied, 474 U.S. 908 , 106 S.Ct. 277 , 88 L.Ed.2d 241 (1985); United States v. Beil, 577 F.2d 1313 (5th Cir.1978), cert. denied, 440 U.S. 946 , 99 S.Ct. 1422 , 59 L.Ed.2d 634 *1002 (1979).
discussed
Cited "see, e.g."
United States v. Ben Lee Basey, Armando Jose Lopez, and Oscar Quirarte Ponce, Defendants
(2×)
Lopez complains that admitting Basey's statements about the trafficking organization into evidence in their joint trial was so prejudicial to him that a fair trial was impossible, notwithstanding that the trial court admitted the statements only as against Basey and instructed the jury they could not be considered against Lopez (or Ponce). 111 If joinder was initially proper 42 but a joint trial might be prejudicial to one defendant, the defendant can request relief from joinder, Rule 14, Fed.R.Crim.P.; see also United States v. Harrelson, 754 F.2d 1153, 1219 (5th Cir.1985) (discussing Rule 14…
cited
Cited "see, e.g."
NL Industries, Inc. v. United States
See, e.g., Shanghai Power Co. v. United States, 4 Cl.Ct. 237 (1983), aff'd. 765 F.2d 159 (Fed.Cir.1985), cert. denied, 474 U.S. 909 , 106 S.Ct. 279 , 88 L.Ed.2d 243 (1985).
Retrieving the full opinion text from the archive…
Como
v.
United States
v.
United States
No. 85-5435.
Supreme Court of the United States.
Oct 15, 1985.
C. A. 9th Cir. Cer-tiorari denied.