green
Positive treatment
5.4 score
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 13 distinct citers.
discussed
Cited as authority (rule)
United States v. Parse
P. 33(a), generally will not require a new trial. 16 In addition, even if the evidence was newly discovered within the meaning of Rule 17 33(b), that evidence must, in order to warrant a new trial, be "material," not merely cumulative. 18 United States v. Persico, 645 F.3d 85, 109 (2d Cir.) ("Persico"), cert. denied, 132 S. Ct. 593 (2011); 19 United States v. Owen, 500 F.3d 83, 87-88 (2d Cir. 2007) ("Owen"), cert. denied, 552 U.S. 1237 20 (2008); see, e.g., United States v. Diaz, 922 F.2d 998, 1006 (2d Cir. 1990), cert. denied, 500 U.S. 925 21 (1991); United States v. Parker, 903 F.2d 91, 102-…
discussed
Cited "see"
Leonard Kesman Jr. v. United States
See United States v. Singleton, 902 F.2d 471, 472 (6th Cir.), cert. denied, 498 U.S. 872 (1990). 13 Accordingly, we hereby affirm the district court's judgment. * The Honorable Thomas A. Wiseman, Jr., United States District Judge for the Middle District of Tennessee, sitting by designation
discussed
Cited "see"
United States v. Herman Eugene Garner III
See United States v. Singleton, 902 F.2d 471, 472 (6th Cir.), cert. denied, 498 U.S. 872 (1990). 6 We also conclude that the district court's hypothetical discussion from the bench about continuing Garner's supervised release did not constitute Garner's sentence; rather, his sentence is clearly reflected in the district court's judgment filed on February 6, 1995, revoking his supervised release and imposing a ten month sentence.
discussed
Cited "see"
United States v. Charles Odell Perrin
See United States v. Singleton, 902 F.2d 471, 472 (6th Cir.) (noting the infrequency with which a defense of justification is appropriate), cert. denied 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990).
cited
Cited "see"
United States v. Pedro H. Valdez, Wasang Tomas Mock, Jorge Garcia, and Raul Rodriguez
See United States v. Parker, 9 03 F.2d 91, 108 (2d Cir.), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990).
discussed
Cited "see"
United States v. Rupert Gordon
(2×)
See United States v. Parker, 903 F.2d 91, 97 (2d Cir.), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990).
discussed
Cited "see, e.g."
United States v. Phillips
Furthermore, although the prosecutor may not ask the jury to infer guilt from the fact that the defendant has invoked his fifth amendment privilege not to testify, Griffin v. California, 380 U.S. 609 (1965),"[a] prosecutor may prop- erly comment upon a defendant's failure to present witnesses so long as it is not phrased as to call attention to defendant's own failure to testify," United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044 (1982); see also United States v. Parker, 903 F.2d 91, 98 (2d Cir.) (noting that a prosecutor is "entitled to com- ment on a def…
discussed
Cited "see, e.g."
United States v. Gerald Phillips
Furthermore, although the prosecutor may not ask the jury to infer guilt from the fact that the defendant has invoked his fifth amendment privilege not to testify, Griffin v. California, 380 U.S. 609 (1965), "[a] prosecutor may properly comment upon a defendant's failure to present witnesses so long as it is not phrased as to call attention to defendant's own failure to testify," United States v. Fleishman, 684 F.2d 1329, 1343 (9th Cir.), cert. denied, 459 U.S. 1044 (1982); see also United States v. Parker, 903 F.2d 91, 98 (2d Cir.) (noting that a prosecutor is "entitled to comment on a defend…
discussed
Cited "see, e.g."
United States v. Richard Dale Talbott
Instead, some circuits have recognized it as a matter of common law. 2 See United States v. Elder, 16 F.3d 733, 738-39 (7th Cir.1994); see also United States v. Singleton, 902 F.2d 471, 472 (6th Cir.), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990); United States v. Lemon, 824 F.2d 763, 765 (9th Cir.1987); United States v. Panter, 688 F.2d 268, 271 (5th Cir.1982).
discussed
Cited "see, e.g."
United States v. Corcoran
The Second Circuit has stated that “[w]hether a prosecutor’s improper statement during summation results in a denial of due process depends upon whether the improper statement causes substantial prejudice to the defendant.” United States v. Nersesian, 824 F.2d 1294, 1327 (2d Cir.), cert. denied, 484 U.S. 957 , 108 S.Ct. 355 , 98 L.Ed.2d 380 (1987); see also United States v. Parker, 903 F.2d 91, 98 (2d Cir.) (requiring showing of substantial prejudice), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990).
discussed
Cited "see, e.g."
United States v. William v. Toney
The Third Circuit determined that the evidence supported the conclusion that the defendant acted under the reasonable belief that if he left the gun and fled he would be pursued and possibly shot. 951 F.2d at 543 ; compare United States v. Singleton, 902 F.2d 471, 473 (6th Cir.), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990) (justification jury instruction unwarranted because the defendant, who took the gun from a threatening third party, failed to show that he did not maintain possession any longer than absolutely necessary).
discussed
Cited "see, e.g."
United States v. Miguel Bautista and Tony Rodriguez Perez, Luis R. Minier-Contreras
See, e.g., United States v. Parker, 903 F.2d 91, 98 (2d Cir.) (prosecutor may not permissibly “suggest that the defendant has any burden of proof or any obligation to adduce any evidence whatever”), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990).
discussed
Cited "see, e.g."
United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando Velasquez
See, e.g., United States v. Parker, 903 F.2d 91, 97 (2d Cir.), cert. denied, 498 U.S. 872 , 111 S.Ct. 196 , 112 L.Ed.2d 158 (1990); United States v. Roman, 870 F.2d 65, 71 (2d Cir.), cert. denied, 490 U.S. 1109 , 109 S.Ct. 3164 , 104 L.Ed.2d 1026 (1989).
Fulgham
v.
Gomez, Warden
v.
Gomez, Warden
No. 90-5326.
Supreme Court of the United States.
Oct 1, 1990.
Published
C. A. 9th Cir. Certiorari denied.