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Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "see"
United States v. Brandon Council
For the sake of argument, we assume Council is right that the jury could only find the pecuniary gain factor satisfied “if Council’s ‘motivation for the murders’—not just for the robbery—was to enable him to steal money from the bank.” Council Br. 162; accord United States v. Barnette, 390 F.3d 775 , 805–07 (4th Cir. 2004) (doing the same), cert. granted and judgment vacated on other grounds, 546 U.S. 803 (2005).
discussed
Cited "see"
United States v. Brandon Council
For the sake of argument, we assume Council is right that the jury could only find the pecuniary gain factor satisfied “if Council’s ‘motivation for the murders’—not just for the robbery—was to enable him to steal money from the bank.” Council Br. 162; accord United States v. Barnette, 390 F.3d 775 , 805–07 (4th Cir. 2004) (doing the same), cert. granted and judgment vacated on other grounds, 546 U.S. 803 (2005).
cited
Cited "see"
United States v. Roy Bradley, Sr.
See United States v. Newton , 389 F.3d 631 , 638 (6th Cir. 2004), vacated on other grounds , 546 U.S. 803 , 126 S.Ct. 280 , 163 L.Ed.2d 35 (2005).
cited
Cited "see"
United States v. Ables
See United States v. Newton, 389 F.3d 631, 638 (6th Cir.2004), vacated on other grounds, 546 U.S. 803 , 126 S.Ct. 280 , 163 L.Ed.2d 35 (2005).
cited
Cited "see"
United States v. Hunt
See United States v. Newton, 389 F.3d 631, 638 (6th Cir.2004), vacated on other grounds, 546 U.S. 803 , 126 S.Ct. 280 , 163 L.Ed.2d 35 (2005).
discussed
Cited "see"
Getsy v. Mitchell
(2×)
See United States v. Newton, 389 F.3d 631, 636 (6th Cir.2004) (noting that the rule of consistency “was not applied if coconspirators were separately tried”), vacated in part on other grounds, 546 U.S. 803 , 126 S.Ct. 280 , 163 L.Ed.2d 35 (2005); United States v. Sachs, 801 F.2d 839, 845 (6th Cir.1986) (“[I]f coconspirators are tried separately, the acquittal of all other coconspirators does not mandate acquittal as to the remaining conspirator....
discussed
Cited "see, e.g."
United States v. Tyrone Christian
(2×)
Rather, this court has generally relied on past drug convictions in combination with a defendant’s recent drug activity in applying the principle that, “[i]n the case of drug dealers, evidence is likely to be found where the dealers live.” United States v. White, 874 F.3d 490, 501 (6th Cir. 2017) (quoting United States v. Jones, 159 F.3d 969, 975 (6th Cir. 1998)); see also United States v. Newton, 389 F.3d 631, 636 (6th Cir. 2004) (noting that, “with continuing criminal operations . . . [,] the lack of a direct known link between the criminal activity and the residence” is inconseque…
discussed
Cited "see, e.g."
United States v. Tyrone Christian
Rather, this court has generally relied on past drug convictions in combination with a defendant’s recent drug activity in applying the principle that, “[i]n the case of drug dealers, evidence is likely to be found where the dealers live.” United States v. White, 874 F.3d 490, 501 (6th Cir. 2017) (quoting United States v. Jones, 159 F.3d 969, 975 (6th Cir. 1998)); see also United States v. Newton, 389 F.3d 631, 636 (6th Cir. 2004) (noting that, “with continuing criminal operations . . . [,] the lack of a direct known link between the criminal activity and the residence” is inconseque…
discussed
Cited "see, e.g."
United States v. Seneca Barnes
But “when the defense has questioned why the prosecution has not called a particular witness, the prosecution may respond that the defense also could have called that witness to testify.” United States v. Farrow, 574 Fed.Appx. 723, 728 (6th Cir. 2014); see also United States v. Newton, 389 F.3d 631, 635, 638 (6th Cir. 2004) (defense counsel’s complaint that the government did not play a tape recording for the jury “opened the door” to the prosecution’s response that defendant “could have played it himself’) vacated on other grounds, 546 U.S. 803 , 126 S.Ct. 280 , 163 L.Ed.2d 35…
discussed
Cited "see, e.g."
United States v. Al-Nashiri
Le allegedly shot, two of whom were killed and two of whom were wounded.” Id. at 613 ; see also United States v. Bin Laden, 126 F.Supp.2d 290, 300 [(2001)] (holding “[the grave risk aggravator] relates to Defendants’ mental state with respect to persons who were not the intended victims of the bombings,” but the multiple killings/attempted killings aggravator “focuses on Defendants’ particular desire that there be multiple victims, rather than just one—i.e., the sheer magnitude of the crime.” See also United States v. Barnette, 211 F.3d 803, 819 (4th Cir. 2000) (upholding the d…
discussed
Cited "see, e.g."
State v. Addison
See, e.g., United States v. Barnette, 211 F.3d 803, 818-19 (4th Cir. 2000) (seven members of the victims’ families testified about the impact the crime had on their lives, including stories of the victims’ childhoods and family experiences), vacated on other grounds by Barnette v. United States, 546 U.S. 803 (2005); Hicks, 940 S.W.2d at 857 (allowing a fourteen-minute videotape containing approximately 160 photographs, including photographs of the victim as a toddler and various school pictures); People v. Nelson, 246 P.3d 301, 317 (Cal. 2011) (five photographs of the victim as a child hum…
Retrieving the full opinion text from the archive…
JESSIE W. NEWTON
v.
UNITED STATES
v.
UNITED STATES
05-7276.
Supreme Court of the United States.
Nov 28, 2005.
546 U.S. 803
Cited by 10 opinions | Published
The petition for writ of certiorari is denied.