United States v. William Shearer, 606 F.2d 819 (8th Cir. 1979). · Go Syfert
United States v. William Shearer, 606 F.2d 819 (8th Cir. 1979). Cases Citing This Book View Copy Cite
47 citation events (5 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Fairnot (dcd, 2025-10-21)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Fairnot
D.D.C. · 2025 · confidence medium
United States v. Shearer, 606 F.2d 819, 820 (8th Cir. 1979).
discussed Cited as authority (rule) No. 98-3583
8th Cir. · 1999 · confidence medium
In applying the "same or similar character" standard, the court permits joinder when " 'the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each overlaps.' " United States v. Lindsey, 782 F.2d 116, 117 (8th Cir.1986) (quoting United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979)).
discussed Cited as authority (rule) United States v. Willie Boyd
8th Cir. · 1999 · confidence medium
In applying the “same or similar character” standard, the court permits joinder when “ ‘the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each overlaps.’ ” United States v. Lindsey, 782 F.2d 116, 117 (8th Cir.1986) (quoting United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979)).
discussed Cited as authority (rule) United States v. Cleophus Davis, Jr.
8th Cir. · 1996 · confidence medium
Joinder, then, is “proper when ‘the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.’ ” United States v. Robaina, 39 F.3d 858, 861 (8th Cir.1994) (quoting United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979)).
discussed Cited as authority (rule) United States v. Cleophus Davis
8th Cir. · 1996 · confidence medium
Joinder, then, is "proper when `the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.'" United States v. Robaina, 39 F.3d 858, 861 (8th Cir. 1994) (quoting United States v. Shearer, 606 F.2d 819, 820 (8th Cir. 1979)).
discussed Cited as authority (rule) United States v. Taylor
1st Cir. · 1995 · confidence medium
See, e.g., United States ___ ____ _____________ v. L'Allier, 838 F.2d 234, 240-41 (7th Cir. 1988); United States ________ _____________ v. Shearer, 606 F.2d 819, 820 (8th Cir. 1979). _______ 10 Apart from this curious slant on the number of incidents, appellant offers no basis for suspecting undue prejudice.
cited Cited as authority (rule) United States v. Taylor
1st Cir. · 1995 · confidence medium
See, e.g., United States v. L’Allier, 838 F.2d 234, 240-41 (7th Cir.1988); United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
discussed Cited as authority (rule) United States v. Jose Lazaro Robaina
8th Cir. · 1994 · confidence medium
In applying the “same or similar character” standard, we have found joinder of offenses to be proper when “the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.” United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
cited Cited as authority (rule) United States v. Glenn Valentine
8th Cir. · 1993 · confidence medium
United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
cited Cited as authority (rule) United States v. James Darrell Westbrook, A/K/A Jimmy, United States of America v. Shelia Yvonne Westbrook, A/K/A Shelia Yvonne Thorson
8th Cir. · 1990 · confidence medium
United States v. Shearer, 606 F.2d 819, 821 (8th Cir.1979).
discussed Cited as authority (rule) United States v. Rubiel Marin-Cifuentes, United States of America v. Dairo Jesus Rios, United States of America v. Leonardo H. Quitian
8th Cir. · 1989 · confidence medium
This circuit has stated that “failure to renew [a] motion for severance at the end of the government’s case or at the conclusion of all the evidence, constitutes a waiver of [a] demand for separate trials.” United States v. Shearer, 606 F.2d 819, 821 (8th Cir.1979).
discussed Cited as authority (rule) United States v. Steven L. Thornberg, United States of America v. Steven H. Olson, United States of America v. James E. Thornberg
8th Cir. · 1988 · confidence medium
In addition, our cases have stated that, even though a pretrial *576 motion to sever is denied, the objection is not preserved unless the motion is renewed at the end of the government’s case or at the end of all the evidence. 3 E.g., United States v. Shearer, 606 F.2d 819, 821 (8th Cir.1979).
cited Cited as authority (rule) United States v. Arthur Anagnos
1st Cir. · 1988 · confidence medium
United States v. Shearer, 606 F.2d 819, 821 (8th Cir.1979); United States v. Little, 753 F.2d 1420, 1441 (9th Cir.1984).
cited Cited as authority (rule) United States v. Kent Thomas L'ALLier
7th Cir. · 1988 · confidence medium
Rule 14 authorizes a district court to sever offenses if joinder would be prejudicial to either party. 7 See, e.g., United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
cited Cited as authority (rule) State v. Warren
Mo. Ct. App. · 1986 · confidence medium
United States v. Shearer, 606 F.2d 819, 820 [1-2] (8th Cir.1979).
discussed Cited as authority (rule) United States v. Edward Lindsey
8th Cir. · 1986 · confidence medium
In applying the “same or similar character” standard, this court has allowed the offenses to be joined when “the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.” United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
discussed Cited as authority (rule) El Pueblo de Puerto Rico v. Ortiz Tirado
prsupreme · 1986 · confidence medium
United States v. Parodi, 703 F.2d 768, 773-774 (1983); United States v. Jones, 687 F.2d 1265, 1268 (1982); United States v. Alvarado, 647 F.2d 537, 540 (1981); United States v. Shearer, 606 F.2d 819, 821 (1979); United States v. Woody, 588 F.2d 1212, 1213 (1978), cert. denegado 440 U.S. 928 (1979); United States v. Thor, 512 F.2d 811, 813 (1975), cert. denegado 423 U.S. 1014 (1975); United States ex rel.
discussed Cited as authority (rule) United States v. Charles Shue
7th Cir. · 1985 · confidence medium
This language in Rule 8(a) permits joinder if the “counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.” Rodgers, 732 F.2d at 629 (quoting United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979)).
discussed Cited as authority (rule) United States v. Steven Thomas Rodgers (2×)
8th Cir. · 1984 · confidence medium
In applying the “same or similar character” standard, this court has allowed the offenses to be joined when “the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.” United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979); see also United States v. McClintic, 570 F.2d 685, 689 (8th Cir.1978); United States v. Riley, 530 F.2d 767, 770 (8th Cir.1976).
discussed Cited as authority (rule) United States v. Russell James Yates
8th Cir. · 1984 · confidence medium
In United States v. Shearer, 606 F.2d 819, 821 (8th Cir.1979), we held that even if a refusal to sever resulted in prejudice, the defendant’s “failure to renew his motion for severance at the end of the government’s case or at the conclusion of all the evidence, constitutes a waiver of his demand for separate trials.” Thus, the district court’s refusal to sever in Shearer was held not to be an abuse of discretion.
discussed Cited as authority (rule) State v. Hoffman
Wis. Ct. App. · 1982 · confidence medium
Crimes are of the same or similar character if they are “the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps.” 9 United States v. Shearer, 606 F.2d 819, 820 (8th Cir. 1979). *209 Davies died about three months after Berge.
cited Cited "see" Conley v. United States
E.D. Mo. · 2022 · signal: see · confidence high
See United States v. Shearer, 606 F.2d 819, 820 (8th Cir. 1979).
cited Cited "see" United States v. Aubrey L. McNeely Sr., United States of America v. Royce Lee Fowler
8th Cir. · 1994 · signal: see · confidence high
See United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979).
discussed Cited "see" Freeman v. State (2×)
Okla. Crim. App. · 1986 · signal: accord · confidence high
Accord United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979) (construing Rule 8(a), Fed.Rules of Crim.Proc.).
discussed Cited "see" Glass v. State (2×)
Okla. Crim. App. · 1985 · signal: accord · confidence high
Accord United States v. Shearer, 606 F.2d 819, 820 (8th Cir.1979) (construing Rule 8(a), Fed.
discussed Cited "see, e.g." United States v. Ronald Louis Jones
8th Cir. · 1982 · signal: see, e.g. · confidence medium
See, e.g., United States v. Shearer, 606 F.2d 819, 821 (8th Cir. 1979); United States v. Woody, 588 F.2d 1212, 1213 (8th Cir. 1978), cert. denied, 440 U.S. 928 , 99 S.Ct. 1263 , 59 L.Ed.2d 484 (1979); In re United States, 584 F.2d 666, 667 (5th Cir. 1978); S.Rep.No.1277, 93rd Cong., 2d Sess., reprinted in 1974 U.S.Code Cong. & Ad.News 7051, 7072-73.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
William SHEARER, Appellant
79-1442.
Court of Appeals for the Eighth Circuit.
Oct 5, 1979.
606 F.2d 819
1979 U.S. App. LEXIS 11383
Hale W. Brown, Jr., Kirkwood, Mo., for appellant., Evelyn M. Baker, Asst. U. S. Atty., St. Louis, Mo. (argued), Robert D. Kingsland, U. S. Atty., St. Louis, Mo., for appellee.
Heaney, Ross, Larson.
Cited by 42 opinions  |  Published
ROSS, Circuit Judge.

William Shearer appeals from his conviction on two counts of the armed robbery of two different banks in violation of 18 U.S.C. § 2113(a) and (d). [1] On appeal, Shearer contends that the district court [2] erred in (1) denying his motion for separate trials on Counts I and II; (2) permitting an FBI agent to testify after sitting at counsel table and speaking with government witnesses during trial; and (3) permitting certain exhibits to go to the jury room. We affirm.

The evidence adduced at trial showed that on February 21,1979 at 1:20 p. m. and on March 15, 1979 at 1:00 p. m. two banks in close geographical proximity were robbed by a white male described in both instances as in his late 40’s, of average height, weight and build. In each instance, the robber pointed a gun held in his right hand at the bank tellers, told everyone present to stand back and collected the money in a paper bag. The robber wore a tan fishing hat during one of the robberies. Marked “bait” money given to the robber by the tellers at each bank, a gun and a tan fishing hat were found in Shearer’s possession at the time of his arrest.

I

Shearer initially claims that the district court erred in refusing to grant his motion to sever each count of the indictment and order a separate trial on each count. Rule 8(a) of the Federal Rules of Criminal Procedure permits joinder of offenses in the same indictment if the offenses charged “are of the same or similar character.” See United States v. Lewis, 547 F.2d 1030, 1033 (8th Cir. 1976), cert. denied, 429 U.S. 1111, 97 S.Ct. 1149, 51 L.Ed.2d 566 (1977). Joinder of offenses is proper where the two counts refer to the same type of offenses occurring over a relatively short period of time, and the evidence as to each count overlaps. United States v. Simon, 453 F.2d 111, 114 (8th Cir. 1971). In this case the armed robberies, executed in an identical manner in the same locale within a two-week period, possess sufficient similarity to render joinder of these offenses appropriate. See, e. g., United States v. Jordan, 602 F.2d 171 at 172 (8th Cir. 1979); United States v. Bowman, 602 F.2d 160 at 163 (8th Cir. 1979); United States v. Rabbitt, 583 F.2d 1014, 1021 (8th Cir. 1978), cert. denied, 489 U.S. 1116, 99 S.Ct. 1022, 59 L.Ed.2d 75 (1979); United States v. Hastings, 577 F.2d 38, 40 (8th Cir. 1978); United States v. McClintic, 570 F.2d 685, 689 (8th Cir. 1978); United States v. Simon, supra, 453 F.2d at 114.

Rule 14 of the Federal Rules of Criminal Procedure [3] provides for relief from joinder which, while appropriate under Rule 8(a), results in undue prejudice to the defendant. Absent prejudice establishing an abuse of discretion by the trial court, denial of a defendant’s motion for severance will not warrant reversal. Fed.R. Crim.P. 14; United States v. Bowman, supra, at 163; United States v. Hastings, supra, 577 F.2d at 40; United States v. McClintic, supra, 570 F.2d at 689; United States v. Lewis, supra, 547 F.2d at 1033;[*821] United States v. Pietras, 501 F.2d 182, 185 (8th Cir.), cert. denied, 419 U.S. 1071, 95 S.Ct. 660, 42 L.Ed.2d 668 (1974); United States v. Sanders, 463 F.2d 1086, 1089 (8th Cir. 1972).

Shearer maintains that he was prejudiced by the joinder because the jury may have been unable to distinguish between the evidence presented on each separate count or may have cumulated the evidence from one count to the next. Clearly, there was no abuse of discretion by the district court in this instance where the offenses charged were identical and the evidence connecting Shearer to each offense was independently overwhelming.

Moreover even if prejudice had been shown, Shearer’s failure to renew his motion for severance at the end of the government’s case or at the conclusion of all the evidence, constitutes a waiver of his demand for separate trials. See United States v. Bowman, supra, at 163; United States v. Robertson, 588 F.2d 575, 577 (8th Cir. 1978), cert. denied, - U.S. -, 99 S.Ct. 2166, 60 L.Ed.2d 1048 (1979); United States v. Lewis, supra, 547 F.2d at 1033. Accordingly, we hold that the district court did not abuse its discretion in denying Shearer’s motion to sever.

II

Shearer contends that the court abused its discretion in permitting an FBI agent to sit at counsel table throughout the trial. Under the exclusionary rule, the exclusion of all witnesses is within the sound discretion of the trial judge. Fed.R.Evid. 615; United States v. Woody, 588 F.2d 1212, 1213 (8th Cir. 1978), cert. denied, 440 U.S. 928, 99 S.Ct. 1263, 59 L.Ed.2d 484 (1979). Both the rule and its underlying legislative history clearly establish that an investigative agent need not be excluded when, as in this case, the agent merely assists counsel in the preparation of a case and at trial and the agent is an “officer or employee of a party which is not a natural person designated as its representative by its attorney.” Fed.R.Evid. 615; S.Rep.No. 93-1277, 93rd Cong., 2d Sess. 26 (1974). We conclude that the district court’s refusal to exclude the agent was proper.

Shearer also urges that the district court erred in permitting the agent to converse with government witnesses during the course of the trial. Specifically, Shearer asserts that the FBI agent’s discussions with the witnesses could have improperly influenced their testimony and formed the basis of the agent’s testimony. Shearer’s contentions are meritless. The agent testified at the defendant’s request that he clarify the nature of his duties and the scope of his discussions with the witnesses. His testimony revealed that he did not discuss the case with the witnesses but merely gave them procedural instructions. He did not testify against the defendant on the merits. Thus, the agent’s discussions with the witnesses and his testimony thereon were in no respect prejudicial to the defendant’s case. United States v. Woody, supra, 588 F.2d at 1213-14.

Ill

Finally, Shearer claims error in the submission of photos, consisting in part of mug shots sealed in plastic with their numbers concealed, to the jury. Shearer claims that showing these photos to the jury was highly prejudicial in that it established him as an individual with a criminal record, thereby depriving him of a fair trial. The government contends, and we agree, that photos have probative value in demonstrating a defendant’s difference in appearance at the time of trial as compared to the time of a prior photographic identification. United States v. Bohr, 581 F.2d 1294, 1299 (8th Cir.), cert. denied, 439 U.S. 958,99 S.Ct. 361, 58 L.Ed.2d 351 (1978). However, assuming but not deciding that these particular mug shots should not have been introduced at trial, error, if any, was harmless in light of the overwhelming evidence and strong, positive in-court identification of Shearer as the robber by nine government witnesses. See United States v. Runge, 593 F.2d 66, 69 (8th Cir. 1979). Moreover, Shearer failed to request limiting instructions regarding the photographs and has[*822] not demonstrated plain error on appeal. Fed.R.Crim.P. 52(b).

Accordingly, the judgment of conviction is affirmed.

1

. He was sentenced to 25 years imprisonment on each count, the sentences to run concurrently.

2

. The Honorable Edward L. Filippine, United States District Judge for the Eastern District of Missouri.

3

. Rule 14, Federal Rules of Criminal Procedure, provides in pertinent part:

If it appears that a defendant * * * is prejudiced by a joinder of offenses * * * in an indictment * * *, the court may order an election or separate trials of counts.