green
Positive treatment
Quoted verbatim 4×
15.5 score
G Cite
cited 2× by 1 distinct case, last quoted 1996 ·
…because the unknown in the case was whether x ingraham, the probative worth of this evidence far outstripped any unfairly prejudicial effect.
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Stevenson v. State
But see United States v. Ingraham, 832 F.2d 229, 237 (1st Cir.1987) (describing bail hearings as “a fundamentally different breed of cat” from suppression hearings in that the accused’s bail rights are not so contingent on his ability to speak without fear of the future use of his testimony that he must be granted a blanket immunity from use of all statements made during an initial hearing, particularly as the information may in large part be concerned with the accused’s employment record, family status, ties to the community, and information about the charged crime can usually be obta…
discussed
Cited "but see"
Tarrence Lamone Stevenson v. State
But see United States v. Ingraham, 832 F.2d 229, 237 (1st Cir. 1987) (describing bail hearings as “a fundamentally different breed of cat” from suppression hearings in that the accused’s bail rights are not so contingent on his ability to speak without fear of the future use of his 27 testimony that he must be granted a blanket immunity from use of all statements made during an initial hearing, particularly as the information may in large part be concerned with the accused’s employment record, family status, ties to the community, and information about the charged crime can usually be …
discussed
Cited "but see"
Tarrence Lamone Stevenson v. State
But see United States v. Ingraham , 832 F.2d 229, 237 (1st Cir. 1987) (describing bail hearings as “a fundamentally different breed of cat” from suppression hearings in that the accused’s bail rights are not so contingent on his ability to speak without fear of the future use of his testimony that he must be granted a blanket immunity from use of all statements made during an initial hearing, particularly as the information may in large part be concerned with the accused’s employment record, family status, ties to the community, and information about the charged crime can usually be ob…
discussed
Cited as authority (quoted)
United States v. Parse
we will not allow counsel to stand by 11 quietly and gamble on a favorable verdict, only to complain when it turns out to be otherwise.
examined
Cited as authority (quoted)
State v. Moeller
(2×)
because the unknown in the case was whether x ingraham, the probative worth of this evidence far outstripped any unfairly prejudicial effect.
discussed
Cited as authority (quoted)
Tolbert v. United States
ojnce a party appeals to a statutory agency, board or commission, the appeal must be 'exhausted.' ... impatience with the agency does not justify immediate resort to the courts.
discussed
Cited as authority (quoted)
56 Fair empl.prac.cas. 152, 55 Empl. Prac. Dec. P 40,342 Michelle Y. Tolbert v. United States of America and Preston R. Tisch, in His Capacity as Postmaster General of the United States Postal Service
nce a party appeals to a statutory agency, board or commission, the appeal must be 'exhausted.' ... impatience with the agency does not justify immediate resort to the courts.
discussed
Cited "see"
State v. Bianco
See United States v. Bolinger, 796 F. 2d 1394, 1400-01 (11th Cir.1986), modified on other grounds, 837 F. 2d 436 (11th Cir.), cert. denied sub. nom., De La Fuente v. United States, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed. 2d 200 (1988); United States v. Ramsey, 726 F. 2d 601, 604 (10th Cir.1984), cert. denied, 474 U.S. 1082 , 106 S.Ct. 851 , 88 L.Ed. 2d 892 (1986); United States v. Breit, 712 F. 2d 81, 83 (4th Cir.1983); United States v. Dean, 667 F. 2d 729, 730 (8th Cir.) (en banc), cert. denied, 456 U.S. 1006 , 102 S.Ct. 2296 , 73 L.Ed. 2d 1300 (1982); United States v. Bertoli, 854 F.Supp.…
cited
Cited "see"
Richardson v. United States
See Derrington v. United States, 488 A.2d 1314, 1339 (D.C. 1985), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988).
cited
Cited "see"
Robinson v. Samuel C. Boyd & Son, Inc.
See Derrington v. United States, 488 A.2d 1314, 1339 (D.C.1985), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988).
discussed
Cited "see"
Jones v. United States
(2×)
See Derrington v. United States, 488 A.2d 1314 , 1326 n. 9 (D.C.1985), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988).
cited
Cited "see"
United States v. David Carlton Arnold, Armando Coto
See United States v. Bolinger, 796 F.2d 1394, 1407-08 (11th Cir.1986), modified on other grounds, 837 F.2d 436 (11th Cir.), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed
Cited "see"
United States v. Nguyen
See Buckley v. Butler, 825 F.2d 895, 903 (5th Cir.1987) (noting in a non-capital proceeding that “there is no Fifth Amendment right to grand jury indictment on the sentencing facts”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988).
discussed
Cited "see"
Rosemary B. Greenlaw v. H. Lawrence Garrett, Iii, Secretary, Department of the Navy B.J. McMillin Richard B. Cheney, Secretary, Department of Defense
Purtill v. Harris, 658 F.2d 134, 138 (3rd Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983); See Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.) (claimant who withdrew his administrative claim prior to final disposition failed to exhaust administrative relief and claim was properly dismissed by the district court), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1987).
discussed
Cited "see"
United States v. Trenkler
(2×)
See United States v. Ingraham, 832 F.2d 229, 231-33 (1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
Brown v. City of New York
See Rivera v. United States Postal Serv., 830 F.2d 1037 , 1039 (9th Cir.1987) (“To withdraw is to abandon one’s claim, to fail to exhaust one’s remedies.”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed
Cited "see"
Young v. United States
See Derrington v. United States, 488 A.2d 1314, 1339 (D.C.1985) (citing Strickland v. United States, 389 A.2d 1325, 1327 (D.C.1978), cert. denied, 440 U.S. 926 , 99 S.Ct. 1258 , 59 L.Ed.2d 481 (1979)), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988); accord Gibson v. United States, 566 A.2d 473, 477 (D.C.1989); Townsend v. United States, 549 A.2d 724, 726 (D.C.1988) (Townsend II), cert. denied, 490 U.S. 1102 , 109 S.Ct. 2457 , 104 L.Ed.2d 1011 (1989).
cited
Cited "see"
United States v. O'Brien
See United States v. Ingraham, 832 F.2d 229 , 240 ___ _____________ ________ (1st Cir. 1987), cert. denied, 486 U.S. 1009 (1988). _____ ______ Affirmed.
cited
Cited "see"
United States v. O'Brien
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir. 1987), cert. denied, 486 U.S. 1009 (1988).
cited
Cited "see"
UNITED STATES of America, Appellee, v. Kevin F. O’BRIEN, Defendant, Appellant
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
cited
Cited "see"
Steve Gorsline v. United States Army Reserve
See Rivera v. U.S. Postal Serv., 830 F.2d 1037 , 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 (1988).
cited
Cited "see"
United States v. Vavlitis
See ___ United States v. Olmstead, 832 F.2d 642, 645 (1st Cir. 1987), _____________ ________ cert. denied, 486 U.S. 1009 (1988). _____ ______ C.
cited
Cited "see"
United States v. Vavlitis
See United States v. Olmstead, 832 F.2d 642, 645 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1739 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
United States v. DeLeon
See United States v. Abreu, 952 F.2d 1458, 1466 (1st Cir.) ("Even though a weapon is never fired, if it is kept nearby by a drug dealer, it is 'used' so as to satisfy the statutory requirement."), cert. denied, 112 S. Ct. 1695 (1992); United States v. Castro-Lara, 970 F.2d 976, 983 (1st Cir. 1992) (collecting cases), cert. denied, 113 S. Ct. 2935 (1993); see generally United States v. Ingraham, 832 F.2d 229, 240 (1st Cir. 1987) ("The law is not so struthious as to compel a criminal jury to ignore that which is perfectly obvious."), cert. denied, 486 U.S. 1009 (1988).
discussed
Cited "see"
Megan Khader v. Les Aspin, Secretary of Defense
See Rivera v. U.S. Postal Service, 830 F.2d 1037 , 1039 (9th Cir. 1987) (“To withdraw is to abandon one’s claim, to fail to exhaust one’s remedies.”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed
Cited "see"
United States v. Williams-Davis
It is firmly established that “a defendant’s failure to raise a claim of juror bias until after trial, when the issue of potential bias was known by the defendant during trial, amounts to a waiver of the claim.” United States v. Costa, 890 F.2d 480, 482 (1st Cir. 1989); accord United States v. Bolinger, 837 F.2d 436, 438-39 (11th Cir.), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988). 28 Defendants have come forward with no new evidence concerning this incident that would warrant revisiting the claim and inquiring further.
discussed
Cited "see"
State v. Martini
(2×)
Ibid.; accord Buckley v. Butler, 825 F. 2d 895, 902-03 (5th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed. 2d 201 (1988) (repeat-offender status "relates only to the sentence for the new crime of which defendant has been convicted").
cited
Cited "see"
United States v. Echeverri
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir. 1987), cert. denied, 486 U.S. 1009 (1988).
cited
Cited "see"
United States v. Marco A. Echeverri
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
United States v. Echeverri
See United States v. Ingraham, 832 F.2d 229, 240 (1st ___ _____________ ________ Cir. 1987), cert. denied, 486 U.S. 1009 (1988). _____ ______ In this case, there was evidence that, in a tiny apartment, within feet of the sole tenant, law officers found a commercially exploitable quantity of high-purity cocaine, a measuring scale of the sort frequently used by narcotics dealers to ply their trade, and a drug ledger (written on the back of the tenant's pay stub).
discussed
Cited "see"
United States v. Abcasis
See United States v. Bolinger, 837 F.2d 436, 438 (11th Cir.), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988) (counsel’s decision “to gamble on the jury rather than inform the court of the problem in time to allow the court to determine if corrective action was possible prior to [the] verdict is fatal to his claims regarding [the allegedly tainted juror].”); United States v. Breit, 712 F.2d 81, 83 (4th Cir.1983) (“[a] defendant who remains silent about known juror miscon *832 duct who, in effect, takes out an insurance policy against an unfavorable verdict is toyi…
cited
Cited "see"
Settles v. United States
See Derrington v. United States, 488 A.2d 1314, 1331-33 (D.C.1985), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988); LaFave, supra, § 26.-6(b), at 267-68.
discussed
Cited "see"
United States v. Andres Gabriel Bello-Perez, A/K/A Garby
See United States v. Ingraham, 832 F.2d 229, 236 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988) (authentication of telephone call and anonymous letters based on caller-author’s “peculiar obsession with [and approach to] the same obscure litigation,” amounting to an idiosyncratic “signature”); see also United *672 States v. McMahon, 938 F.2d 1501, 1508-09 (1st Cir.1991) (authentication of unsigned note based on circumstantial indicia of authorship); United States v. Newton, 891 F.2d 944, 947 (1st Cir.1989) (authentication of unsigned document bas…
discussed
Cited "see"
United States v. Ramon Castro-Lara, United States of America v. Abraham Objio Sarraff
See generally United States v. Ingraham, 832 F.2d 229, 240 (1st Cir.1987) (“The law is not so struthious as to compel a criminal jury to ignore that which is perfectly obvious.”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
United States v. Shmuel David, United States of America v. Jaime Toro Aristizibal, United States of America v. Amparo Toro Aristizibal, United States of America v. Yehuda Yarden
See United States v. Ingraham, 832 F.2d 229, 230 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, 484 U.S. 913 , 108 S.Ct. 259 , 98 L.Ed.2d 216 (1987).
discussed
Cited "see"
United States v. William Cherry
See United States v. Whaley, 830 F.2d 1469, 1476 (7th Cir.1987) ("The reviewing court will examine only those contentions that are based on newly raised questions of law, untainted by factual ambiguity.”’) (quoting United States v. McCabe, 720 F.2d 951, 955 (7th Cir.1983)), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988). 14 .
discussed
Cited "see"
United States v. David
See United States v. Ingraham, 832 F.2d 229, 230 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, 484 U.S. 913 , 108 S.Ct. 259 , 98 L.Ed.2d 216 (1987).
discussed
Cited "see"
Ingram v. United States
See Derrington v. United States, 488 A.2d 1314, 1336 (D.C.1985) (no plain error because even if jury believed defendant’s alibi defense, it could infer guilt if he planned, enlisted, and received robbery proceeds), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988); Williams v. United States, 382 A.2d 1, 9 (D.C.1978).
cited
Cited "see"
Veranda Beach Club Ltd. Partnership v. Western Surety Co.
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
Veranda Beach Club Limited Partnership v. Western Surety Co., Frg Ventures, Inc., Veranda Beach Club Limited Partnership v. Western Surety Co., Robert F. Mongillo, Veranda Beach Club Limited Partnership v. Western Surety Co., Faneuil Hall Capital Group, Inc.
See United States v. Ingraham, 832 F.2d 229, 240 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988). 24 Mongillo also urges that the evidence's probative value was overwhelmed by its unduly prejudicial effect.
discussed
Cited "see"
Kelly v. United States
See Derrington v. United States, 488 A.2d 1314, 1339 (D.C.1985), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1989); see also Hunter, supra, 588 A.2d at 682 (Boyd not applied retroactively). .
discussed
Cited "see"
United States v. Francisco Nolasco
(2×)
See United States v. Olmstead, 832 F.2d 642, 646 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1739 , 100 L.Ed.2d 202 (1988); United States v. Lawson, 507 F.2d 433, 442-43 (7th Cir.1974), cert. denied, 420 U.S. 1004 , 95 S.Ct. 1446 , 43 L.Ed.2d 762 (1975); Murphy v. Holland, 776 F.2d 470, 475 (4th Cir.1985) (term has “self-evident meaning comprehensible to the lay juror”), vacated on other grounds, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 334 (1986).
cited
Cited "see"
Noel O. Murchu, A/K/A Noel Murphy v. United States
See United States v. Olmstead, 832 F.2d 642, 648 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1739 , 100 L.Ed.2d 202 (1988).
discussed
Cited "see"
United States v. Francis E. Devin
(2×)
also: Cited "see, e.g."
See United States v. Olmstead, 832 F.2d 642, 649 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1739 , 100 L.Ed.2d 202 (1988); United States v. Hemmer, 729 F.2d 10, 13-14 (1st Cir.), cert. denied, 467 U.S. 1218 , 104 S.Ct. 2666 , 81 L.Ed.2d 371 (1984).
discussed
Cited "see"
James v. United States
See Derrington v. United States, 488 A.2d 1314, 1339 (D.C.1985) (“Where the trial court has determined that asserted Brady material would not have materially affected the verdict, the reviewing court is limited to a determination of whether that decision is reasonable....”) (footnote omitted) (citing Davies, 476 A.2d at 661 ), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 201 (1988).
cited
Cited "see"
United States v. Fernandez
See United *603 States v. Spencer, 836 F.2d 236, 239-240 (6th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1736 , 100 L.Ed.2d 200 (1988). 2 The Court examines these factors in turn. 1.
discussed
Cited "see"
United States v. Ilario M.A. Zannino
See United States v. Ingraham, 832 F.2d 229, 230 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, 484 U.S. 913 , 108 S.Ct. 259 , 98 L.Ed.2d 216 (1987).
discussed
Cited "see, e.g."
State v. Smith
(2×)
See also United States v. Ingraham, 832 F.2d 229, 236-7 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988). [¶ 22.] The trial court also gave the appropriate cautionary instruction setting forth the limited purpose for which the evidence was admitted.
discussed
Cited "see, e.g."
State v. Chamley
(2×)
See also United States v. Ingraham, 832 F.2d 229, 237 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988). [¶ 66.] There was substantial legitimate value in the 404(b) testimony to establish intent and to negate Chamley's claims that he did not commit the charged acts.
discussed
Cited "see, e.g."
United States v. James Walter Starrett, Timothy Kevin Duke, Michael Lee Cave, Donald Joe Sears, James Thomas Nolan, Frederick Joseph Hegney, United States of America v. Donald Joe Sears, James Thomas Nolan
We agree. 145 When a defendant discovers new evidence after trial that was unknown to the government at the time of trial, a new trial is warranted only if: "(1) the evidence was in fact discovered after trial; (2) the defendant exercised due care to discover the evidence; (3) the evidence was not merely cumulative or impeaching; (4) the evidence was material; and (5) the evidence was of such a nature that a new trial would probably produce a new result." Id. at 1472 ; see also United States v. Bollinger, 796 F.2d 1394, 1401 (11th Cir.1986), modified on other grounds, 837 F.2d 436 (11th Cir.),…
Retrieving the full opinion text from the archive…
Spencer
v.
United States
v.
United States
No. 87-1662.
Supreme Court of the United States.
May 16, 1988.
Published
C. A. 6th Cir. Certiorari denied.