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“Evidence that defendant attempted to bribe and threaten a witness is admissible to show consciousness of guilt.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
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2007
2026
Top citers, strongest first. 50 distinct citers.
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cited
Cited "but see"
Pelletier v. Town of Somerset
But see Fiacco v. Rensselaer, 783 F.2d 319 , 332-333 (2d Cir. 1986), cert, denied, 480 U.S. 922 (1987); 999 v. C.I.T.
discussed
Cited "but see"
State v. Barboza
But see United States v. Allen, 804 F.2d 244, 248 (3d Cir.1986), (remanded to permit district court to determine whether it was satisfied that a factual basis existed in record at time of original plea hearing), cert. den. 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987); United States v. Glass, 720 F.2d 21 (8th Cir.1981) (remanded to give State an opportunity in an evidentiary hearing to provide evidence sufficient to establish a factual basis where all parties, including defendant, were aware of evidence that the prosecution inadvertently failed to present), cert. den. 474 U.S. 856 , 10…
discussed
Cited as authority (quoted)
Maurice Snow v. Erik Nelson
in general, the principles announced in brady do not apply to a tardy disclosure of exculpatory information, but to a complete failure to disclose.
discussed
Cited as authority (quoted)
United States v. Daniel L. Balzano
evidence that defendant attempted to bribe and threaten a witness is admissible to show consciousness of guilt.
discussed
Cited "see"
People v. Anderson
Although we agree with the majority that the prosecutor has "wide discretion" in presenting a matter to the grand jury ( People v Huston , 88 NY2d 400, 406 [1996]; see People v Lancaster , 69 NY2d 20, 25-26 [1986], cert denied 480 US 922 [1987]), we believe that the certificate of conviction was unduly suggestive of defendant's propensity to commit crimes—notwithstanding the prosecutor's curative instruction that it could not be used for that purpose.
discussed
Cited "see"
People v. Wilcox
"In the same vein, the prosecutor enjoys 'broad powers and duties, as well as wide discretion in presenting the People's case' to the grand jury" ( id. , quoting People v Huston , 88 NY2d 400, 406 [1996]; see People v Lancaster , 69 NY2d 20, 25 [1986], cert denied 480 US 922 [1987]).
discussed
Cited "see"
Brown v. City of New York
See People v. Mitchell, 82 N.Y.2d 509 , 605 N.Y.S.2d 655 , 626 N.E.2d 630, 633 (1993) (“[T]he People maintain broad discretion in presenting their case to the Grand Jury and need not seek evidence favorable to the defendant or present all of their evidence tending to exculpate the accused.”) (citing People v. Lancaster, 69 N.Y.2d 20 , 511 N.Y.S.2d 559 , 503 N.E.2d 990 (1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1383 , 94 L.Ed.2d 697 (1987)).
discussed
Cited "see"
People v. Smith
The alleged misidentification of defendant by the victim in his videotaped testimony did not result in a “needless or unfounded prosecution” (People v Valles, 62 NY2d 36, 38 ; see, People v Lancaster, 69 NY2d 20, 27 , cert denied 480 US 922 ).
cited
Cited "see"
United States v. Callan
See United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987).
discussed
Cited "see"
People v. Brown
“It is well established that a District Attorney has broad discretion to determine what evidence to present to the Grand Jury and what evidence to exclude” (People v Gibson, 241 AD2d 772, 774 ] [citation omitted]; see, People v Lancaster, 69 NY2d 20, 25-26 , cert denied 480 US 922 ).
discussed
Cited "see"
Gary C. Gilmour v. Rusty Rogerson, Warden, Iowa Medical Classification Center Thomas Miller, Attorney General of the State of Iowa
(2×)
See United States v. Freeman, 808 F.2d 1290, 1292 (8th Cir.), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987).
cited
Cited "see"
Gary C. Gilmour v. Rusty Rogerson
See United States v. Freeman, 808 F.2d 1290, 1292 (8th Cir.), cert. denied, 480 U.S. 922 (1987).
discussed
Cited "see"
Sudul v. City of Hamtramck
(2×)
See Fiacco v City of Rensselaer, 783 F2d 319, 327 (CA 2, 1986), cert den 480 US 922 (1987).
discussed
Cited "see"
Sargi v. Kent City Board Of Education
See Fiacco v. City of Rensselaer, New York, 783 F.2d 319, 331 (2d Cir.1986) (upholding a jury's finding of deliberate indifference upon a showing of multiple incidents of constitutional violations), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987).
discussed
Cited "see"
Sargi v. Kent City Board of Education
See Fiacco v. City of Rensselaer, New York, 783 F.2d 319, 331 (2d Cir.1986) (upholding a jury’s finding of deliberate indifference upon a showing of multiple incidents of constitutional violations), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987).
cited
Cited "see"
United States v. John J. Emil
See United States v. Mendez-Ortiz, 810 F.2d 76, 78 (6th Cir. 1986), cert. denied, 480 U.S. 922 (1987). 5 Accordingly, we affirm the district court's judgment of conviction and sentence.
cited
Cited "see"
United States v. Curtiss J. Ostosh
See United States v. Mendez-Ortiz, 810 F.2d 76, 78 (6th Cir.1986), cert. denied, 480 U.S. 922 (1987).
discussed
Cited "see"
United States v. Charles S. Rudolph
See United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (evidence that defendant threatened and attempted to bribe witness admissible under Rule 404(b) because evidence established defendant's consciousness of guilt), cert. denied, 480 U.S. 922 (1987).
discussed
Cited "see"
People v. Garcia
(People v Valles, 62 NY2d 36, 38 [1984]; see, People v Sergeant, 193 AD2d 417 [1st Dept 1993], quoting People v Lancaster, 69 NY2d 20, 30 [1986], cert denied 480 US 922 [1987].) In the usual case, a Grand Jury discharges its function when it indicts based on evidence legally sufficient to establish that the accused committed a crime (CPL 190.65 [1]).
cited
Cited "see"
United States v. John Wright Kim Bennet Larry Reid and John D'Annunzio
See United States v. Mendez-Ortiz, 810 F.2d 76, 77-79 (6th Cir.1986), cert. denied, 480 U.S. 922 (1987).
discussed
Cited "see"
Jerry Lee Word v. United States
See United States v. Word, 806 F.2d 658 (6th Cir.1986), cert. denied, 480 U.S. 922 (1987). 3 In his current motion to vacate sentence, Word essentially raised the same claims that he raised in at least two of his three prior motions to vacate sentence.
discussed
Cited "see"
United States v. James R. Gilbert
See United States v. Word, 806 F.2d 658, 666 (6th Cir.1986), cert. denied, 480 U.S. 922 (1987). 8 Motions based upon grounds other than newly discovered evidence must be brought within seven days after a finding of guilt.
discussed
Cited "see"
Sullivan v. General Motors Corp.
State v. Strub, 48 Ohio App.2d 57, 64 , 355 N.E.2d 819, 825 (1975); State v. Bayless, 14 Ohio App.2d 11, 13 , 235 N.E.2d 737, 738-39 (1968); accord U.S. v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986), ce rt. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987).
cited
Cited "see"
United States v. Cook
See United States v. Jackson, 805 F.2d 457, 460 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987).
cited
Cited "see"
United States v. Roderick Alex Cook, Eli Tarbell, Anthony Laughing and Gerald Laughing, James Joseph Burns, Roderick Alex Cook, Eli Tarbell and Anthony Laughing, United States of America v. Peter Burns, Sr.
See United States v. Jackson, 805 F.2d 457, 460 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987).
cited
Cited "see"
United States v. Charles Hughes (88-1658), Luckett Larry (88-1659), Sanford Hoskow (88-1660), Basem Kandah (88-1661), and Dale Dudley (88-1751)
See United States v. Word, 806 F.2d 658 (6th Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1383 , 94 L.Ed.2d 697 (1987); accord United States v. Bartee, 479 F.2d 484, 488 (10th Cir.1973).
cited
Cited "see"
United States v. Felino Rodriguez
See United States v. Mendez-Ortiz, 810 F.2d 76, 78-79 (6th Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987); United States v. Perez, 651 F.2d 268, 273 (5th Cir.1981).
discussed
Cited "see"
United States v. Phillip Fried (88-5292) Raphael Alonso (88-5449) Phillip Baxter (88-5450) Chester Barry Gibson (88-5451) and Benito Alonso, Sr. (88-5518)
Fed.R.Crim.P. 30; Fed.R.Crim.P. 52(b); see United States v. Word, 806 F.2d 658, 665 (6th Cir.1986), cert. denied, 480 U.S. 922 (1987). 31 Criminal defendants may not escape liability by deliberately closing their eyes to what would otherwise be obvious to them or by acting in reckless disregard of, or with a conscious purpose to avoid learning the truth.
cited
Cited "see"
Peter M. Benjamin, Melvin H. Klipper and David Peritz v. United Merchants and Manufacturers, Inc.
See Fiacco v. City of Rensselaer, 783 F.2d 319, 332 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987); Hagelthorn, 710 F.2d at 84 .
discussed
Cited "see"
United States v. Laurence Keiswetter
(2×)
See United States v. Allen, 804 F.2d 244, 248 (3rd Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987) (remanding for reconsideration of existing Rule 11 record).
discussed
Cited "see"
State v. Kaster
See United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986), cert. denied, 480 U.S. 922 (1987) (defendant’s attempt to bribe and threaten witness admitted to show consciousness of guilt); United States v. McKoy, 771 F.2d 1207, 1214 (9th Cir. 1985) (defendant’s purchase of stolen goods from codefendant admitted to show nature of relationship between defendant and codefendant in prosecution for conspiracy); and Bradbury v. Philips Petroleum Co., 815 F.2d 1356 , 1364 (10th Cir. 1987) (prior complaints by others against defendant for trespass and property damage admitted to show pattern…
cited
Cited "see"
Johnson v. State
See United States v. Word, 806 F.2d 658, 666 (6th Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1383 , 94 L.Ed.2d 697 (1987).
discussed
Cited "see, e.g."
People v. Caster
The People may seek an indictment for the highest crime the evidence will support (see People v Valles, 62 NY2d 36 [1984]; see also People v Lancaster, 69 NY2d 20 [1986], cert denied 480 US 922 [1987]).
discussed
Cited "see, e.g."
People v. Tatro
Moreover, defendant provided the grand jury with a full narrative of his own version of the events before he was cross-examined (see People v Alicea, 276 AD2d at 916; compare People v Miller, 144 AD2d 94, 97 [1989]), and the grand jury heard the testimony of defendant’s three alibi witnesses, each of whom corroborated defendant’s testimony that he had been home the entire night of the shooting (see generally People v Lancaster, 69 NY2d 20, 26 [1986], cert denied 480 US 922 [1987]).
discussed
Cited "see, e.g."
Zellner v. Summerlin
See, e.g., Fiacco v. City of Rensselaer, 783 F.2d 319, 325 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987); see also Haywood v. Koehler, 78 F.3d 101, 105 (2d Cir.1996) (jurors are “free to accept bits of testimony from several witnesses and to make reasonable inferences from whatever testimony they credit[ ]”).
discussed
Cited "see, e.g."
Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-Defendant
See, e.g., Fiacco v. City of Rensselaer, 783 F.2d 319, 329-31 (2d Cir.1986) (finding sufficient evidence to support a jury’s finding that a police chief was deliberately indifferent to his officers’ use of excessive force because the evidence showed that the chief failed to exercise reasonable care in investigating several claims of police brutality and instead conducted only a superficial questioning of the accused officers), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987).
discussed
Cited "see, e.g."
Baker v. Willett
See id.; see also Fiacco v. City of Rensselaer, 783 F.2d 319 (2d Cir.1986) (holding that a number of complaints of police brutality together with evidence of the municipality’s treatment of the complaints was relevant to the issue of negligent supervision), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987); Mendoza v. City of Rome, 872 F.Supp. 1110 (N.D.N.Y.1994).
discussed
Cited "see, e.g."
People v. Robinson
In fact, "[b]ecause Grand Jury proceedings are conducted by the prosecutor alone, this function confers upon the prosecutor broad powers and duties, as well as wide discretion in presenting the People’s case. * * * In addition to providing legal instruction to the Grand Jury, the District Attorney determines what evidence to present to that body and what evidence should be excluded” (People v Huston, 88 NY2d 400, 406 ; see also, People v Lancaster, 69 NY2d 20, 25 , cert denied 480 US 922 ).
discussed
Cited "see, e.g."
United States v. Neufeld
Since Kennedy , federal courts have consistently refused to infer such prosecutorial intent. , See White, 914 F.2d at 752 ; see also United States v. Perez Sanchez, 806 F.2d 7, 7-9 (1st Cir.1986) (government witness’s reference to excluded evidence deemed good faith mistake), cert. denied, 480 U.S. 922 , 107 S.Ct. 1383 , 94 L.Ed.2d 697 (1987); United States v. Millan, 17 F.3d 14, 18 (2d Cir.1994) (unintentional failure to disclose police misconduct not an effort to goad mistrial); Virginia v. Kelly, 29 F.3d 145, 147 (4th Cir.1994) (failure of prosecutor to produce exculpatory evidence not in…
discussed
Cited "see, e.g."
Walter Vann v. The City of New York and the New York City Police Department, New York City Police Officer Raul Morrison
See, e.g., Fiacco v. City of Rensselaer, 783 F.2d 319 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987); see id. at 326-27 (municipality “should not take a lais-sez-faire attitude toward the violation by its peace officers- of the very rights they are supposed to prevent others from violating”).
discussed
Cited "see, e.g."
People v. Francis
(People v Valles, 62 NY2d 36 ; see also, People v Lancaster, 69 NY2d 20 , cert denied 480 US 922 [1987].) Notwithstanding the.broad latitude accorded the District Attorney in the prosecution of crime within his or her jurisdiction, the authority of the Grand Jury, independent of the prosecutor, is both singular and paramount.
discussed
Cited "see, e.g."
HBP ASSOCIATES v. Marsh
See Monell v. New York City Department of Social Services, 436 U.S. 658, 690-94 , 98 S.Ct. 2018, 2035-37 , 56 L.Ed.2d 611 (1978); see also Fiacco v. City of Rensselaer, 783 F.2d 319, 326 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987) (finding municipal liability under § 1983 on the basis of a policy of deliberate indifference to the constitutional rights of persons within its domain).
discussed
Cited "see, e.g."
People v. Gelikkaya
As there exists a presumption of sanity, " '[s]anity being the normal and usual condition of mankind’ ” (People v Silver, 33 NY2d 475, 481 , citing Brotherton v People, 75 NY 159, 162 ; see also, People v Lancaster, 69 NY2d 20, 30 , cert denied 480 US 922 ), defendant is presumed to have been competent at the time of the Grand Jury proceeding.
discussed
Cited "see, e.g."
Hammon v. Kelly
See also United States v. Western Electric Co., 797 F.2d 1082, 1089 (D.C.Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987) (setting forth similar standards by which a consent decree may be construed).
discussed
Cited "see, e.g."
Merchant v. Lymon
Pharmaceutical Co. v. Gillette Co., 984 F.2d 567 (2d Cir.1993); see also Fiacco v. City of Rensselaer, 783 F.2d 319, 329 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987); Lederle Labs., 785 F.Supp. at 1125.
discussed
Cited "see, e.g."
People v. Jones
"A. I pleaded guilty to that, I served time on that.” The traditional function of the Grand Jury is to ensure that, "before an individual may be publicly accused of [a] crime and put to the onerous task of defending himself from such accusations, the State must convince a Grand Jury composed of the accused’s peers that there exists sufficient evidence and legal reason to believe the accused guilty” (People v Iannone, 45 NY2d 589, 594 ; see also, People v Lancaster, 69 NY2d 20, 25 , cert denied 480 US 922 ).
discussed
Cited "see, e.g."
People v. Crumbaugh
(People v Valles, 62 NY2d 36, 39 [1984]; see also, People v Lancaster, 69 NY2d 20 , cert denied 480 US 922 [1987].) In Valles (supra), the defendant was indicted for the crime of murder in the second degree despite his testimony before the Grand Jury that the shooting resulted from his attempt to protect his stepdaughter from an attack.
discussed
Cited "see, e.g."
Poulsen v. City of North Tonawanda, NY
See also Fiacco v. City of Rensselaer, 783 F.2d 319 (2d Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 698 (1987) (a municipality may be subjected to § 1983 liability on the basis of a policy that tolerates unconstitutional acts by its employees).
discussed
Cited "see, e.g."
People v. Curry
As has been frequently observed, the traditional function of the Grand Jury is to ensure that, "before an individual may be publicly accused of a crime and put to the onerous task of defending himself from such accusations, the State must convince a Grand Jury composed of the accused’s peers that there exists sufficient evidence and legal reason to believe the accused guilty” (People v Iannone, 45 NY2d 589, 594 ; see also, People v Lancaster, 69 NY2d 20, 25 , cert denied 480 US 922 ).
discussed
Cited "see, e.g."
United States v. Paccione
See, e.g., United States v. Ochs, 595 F.2d 1247, 1260 (2d Cir.), cert. denied, 444 U.S. 955 , 100 S.Ct. 435 , 62 L.Ed.2d 328 (1979); see also United States v. Mendez-Ortiz, 810 F.2d 76, 78-79 (6th Cir.1986) (attempt to bribe witness), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987).
Retrieving the full opinion text from the archive…
Perez-Sanchez
v.
United States
v.
United States
No. 86-6265.
Supreme Court of the United States.
Mar 9, 1987.
480 U.S. 922
Published
Citer courts: Sixth Circuit (1) · Seventh Circuit (1)
C. A. 1st Cir. Certiorari denied.