United States v. Malcolm Moore, 700 F.2d 535 (9th Cir. 1983). · Go Syfert
United States v. Malcolm Moore, 700 F.2d 535 (9th Cir. 1983). Cases Citing This Book View Copy Cite
8 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Jordan Camardese (ca9, 2024-11-08)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Jordan Camardese
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
where an accomplice instruction is not requested, it is not plain error not to give one sua sponte.
discussed Cited as authority (verbatim quote) United States v. Jordan Camardese
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
where an accomplice instruction is not requested, it is not plain error not to give one sua sponte.
discussed Cited as authority (rule) United States v. Antoine Johnson
9th Cir. · 2013 · confidence medium
The failure to give an accomplice credibility instruction requires reversal if the accomplice testimony “supplies the only strong evidence of guilt.” United States v. Moore, 700 F.2d 535, 536 (9th Cir.1983), amended, 730 F.2d 558 (9th Cir.1984).
discussed Cited "see" State v. Moore (2×)
Conn. · 2009 · signal: see · confidence high
See United States v. Moore, 700 F.2d 535, 536 (9th Cir. 1983) (failure to give instruction was not plain error when no instruction was requested).
cited Cited "see" United States v. Atthapol Sae-Chua
9th Cir. · 1984 · signal: see · confidence high
United States v. Noah, 594 F.2d 1303 (9th Cir.1979); see United States v. Moore, 700 F.2d 535 (9th Cir.1983).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Malcolm MOORE, Defendant-Appellant
82-1004.
Court of Appeals for the Ninth Circuit.
Feb 28, 1983.
700 F.2d 535
1983 U.S. App. LEXIS 30126
E. Richard Walker, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant., Brian C. Leighton, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.
Wallace, Kennedy, Nelson.
Cited by 8 opinions  |  Published
KENNEDY, Circuit Judge:

This is an appeal by Malcolm Moore from a jury conviction on charges of aiding and abetting in a bank robbery. We reverse for error in the trial court’s making inquiry as to the numerical division of the jury.

On May 6, 1981, Community First Bank in Bakersfield was robbed by two armed men. One of them, Cardwell, was recognized by tellers as a former customer. Cardwell pled guilty and testified against alleged accomplices Moore, Tinnin, and Brown. According to Cardwell, he and Tinnin were the two men who entered the bank, while Moore drove the getaway car. Moore, testified Cardwell, helped steal the getaway car.

Moore, Tinnin, and Brown were tried together. Brown was acquitted; Tinnin and Moore were convicted. We are concerned here only with Moore.

We reject one of Moore’s arguments on appeal. He contends the trial court committed plain error in not instructing the jury to consider the testimony of alleged accomplices with special care. Failure to give an accomplice credibility instruction does require reversal “when the accomplice’s testimony is ‘important to the case,’ i.e., it supplies the only strong evidence of guilt.” United States v. Patterson, 648 F.2d 625, 630-31 (9th Cir.1981). We assume here that had a request been made it would have been reversible error not to give the instruction, in view of the importance of Cardwell’s testimony. Id.; Guam v. Dela Rosa, 644 F.2d 1257, 1259-60 (9th Cir.1980); United States v. Bernard, 625 F.2d 854 (9th Cir.1980). No such request was made, however. “It is settled in this circuit that where an accomplice instruction is not requested, it is not plain error not to give one sua sponte.” United States v. Gere, 662 F.2d 1291, 1295 (9th Cir.1981).

Appellant does prevail in his argument that the trial court intruded improperly into the jury’s deliberations. After the jury had deliberated for, an afternoon and an evening session, the trial court asked for the numerical division. The rule in this circuit is established that at least in a criminal case a court may not make such an inquiry. Noah v. United States, 594 F.2d 1303 (9th Cir.1979). We do not find this case distinguishable from Noah. In view of the court’s tying its inquiry to the Allen charge which followed it, this would not be an appropriate case for us to suggest reconsideration of Noah in any event. Our holding obviates a discussion of the propriety of the Allen charge.

We need not reach the other contentions made by appellant.

REVERSED.