United States v. Harold Eugene McQuarry, 726 F.2d 401 (8th Cir. 1984). · Go Syfert
United States v. Harold Eugene McQuarry, 726 F.2d 401 (8th Cir. 1984). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 4 distinct cases, last quoted 2005 · …the adequacy of instructions by reviewing them as a whole. at p. 402
46 citation events (7 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Horacio Cruz-Zuniga (ca8, 2009-07-01)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Horacio Cruz-Zuniga
8th Cir. · 2009 · confidence medium
However, a defendant “‘is not entitled to a particularly-worded instruction when the instructions actually given by the trial court adequately and correctly cover the substance of the requested instruction.’” United States v. Long, 977 F.2d 1264, 1272 (8th Cir. 1992) (quoting United States v. Lewis, 718 F.2d 883, 885 (8th Cir. 1983)). “‘The district court has wide discretion in formulating appropriate jury instructions.’” Id. (quoting United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (per curiam)).
discussed Cited as authority (rule) United States v. Cruz-Zuniga
8th Cir. · 2009 · confidence medium
However, a defendant “ ‘is not entitled to a particularly-worded instruction when the instructions actually given by the trial court adequately and correctly cover the substance of the requested instruction.’ ” United States v. Long, 977 F.2d 1264, 1272 (8th Cir.1992) (quoting United States v. Lewis, 718 F.2d 883, 885 (8th Cir.1983)). “ ‘The district court has wide discretion in formulating appropriate jury instructions.’ ” Id. (quoting United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984) (per curiam)).
cited Cited as authority (rule) United States v. Alonzo F. Ellerman
8th Cir. · 2005 · confidence medium
The district court evaluates “the adequacy of instructions by reviewing them as a whole.” United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (per curiam).
cited Cited as authority (rule) United States v. Alonzo Ellerman
8th Cir. · 2005 · confidence medium
The district court evaluates "the adequacy of instructions by reviewing them as a whole." United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (per curiam).
discussed Cited as authority (rule) United States v. Scotty Joe Uder
8th Cir. · 1996 · confidence medium
Upon review, we first explained that “[a] district court has wide discretion in formulating appropriate jury instructions, and we evaluate the adequacy of the instructions by reviewing them as a whole.” Id. (citing United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984)).
discussed Cited as authority (rule) United States v. Scotty Joe Uder
8th Cir. · 1996 · confidence medium
Upon review, we first explained that "[a] district court has wide discretion in formulating appropriate jury instructions, and we evaluate the adequacy of the instructions by reviewing them as a whole." Id. (citing United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984)).
cited Cited as authority (rule) United States v. Gabe Aaron Dreamer
8th Cir. · 1996 · confidence medium
United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (per curiam).
cited Cited as authority (rule) United States v. Gabe Aaron Dreamer
8th Cir. · 1996 · confidence medium
United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984) (per curiam).
cited Cited as authority (rule) United States v. Adam C. Risch
8th Cir. · 1996 · confidence medium
On appeal, we evaluate "the adequacy of instructions by reviewing them as a whole." United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (per curiam).
cited Cited as authority (rule) United States v. Adam C. Risch
8th Cir. · 1996 · confidence medium
On appeal, we evaluate “the adequacy of instructions by reviewing them as a whole.” United States v. McQuarry 726 F.2d 401, 402 (8th Cir.1984) (per curiam).
cited Cited as authority (rule) United States v. Eddie Lee Cabbell, United States of America v. Loren Martin Craig, Also Known as Marty Cabbell
8th Cir. · 1994 · confidence medium
Finally, the district court has “wide discretion in formulating appropriate jury instructions.” United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
discussed Cited as authority (rule) State v. Hibdon (2×)
Iowa Ct. App. · 1993 · confidence medium
United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
cited Cited as authority (rule) United States v. Timothy P. Long, United States of America v. Gerald H. Bell, United States of America v. Stephen James Goethke, United States of America v. Timothy P. Long
8th Cir. · 1992 · confidence medium
On appeal, this court evaluates the adequacy of instructions by reviewing them as a whole." United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984) (per curiam) (citation omitted).
cited Cited as authority (rule) United States v. Long
8th Cir. · 1992 · confidence medium
On appeal, this court evaluates the adequacy of instructions by reviewing them as a whole.” United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984) (per curiam) (citation omitted).
cited Cited as authority (rule) United States v. Daniel Gene Stevens
8th Cir. · 1990 · confidence medium
United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
cited Cited as authority (rule) United States v. Chester Aurelio Walker
8th Cir. · 1987 · confidence medium
United States v. Reda, 765 F.2d 715, 719 (8th Cir.1985); United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
cited Cited as authority (rule) United States v. H. Wesley Robinson, Leo W. Wilson, and Irwin W. Milliken
8th Cir. · 1985 · confidence medium
United States v. Bednar, 728 F.2d 1043, 1048 (8th Cir.), cert. denied, — U.S. —, 105 S.Ct. 110 , 83 L.Ed.2d 54 (1984); United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
cited Cited as authority (rule) United States v. Thomas Reda, United States of America v. Michael Edward O'connor, United States of America v. Clarence Dale Cunningham
8th Cir. · 1985 · confidence medium
United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984).
discussed Cited "see" United States v. Kelvin Baez
8th Cir. · 2020 · signal: see · confidence high
See United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984) (concluding that the district court did not abuse its discretion in declining to give a legally “unsupported” jury instruction).
cited Cited "see" United States v. DeRosier
8th Cir. · 2007 · signal: see · confidence high
See United States v. McQuarry, 726 F.2d 401 (8th Cir.1984) (affirming the district court’s rejection of the proposed instruction because the instruction was unsupported by case law).
discussed Cited "see" United States v. Lynn Tran DeRosier
8th Cir. · 2007 · signal: see · confidence high
See United States v. McQuarry, 726 F.2d 401 (8th Cir. 1984) (affirming the district court’s rejection of the proposed instruction because the instruction was unsupported by case law). -7- B.
cited Cited "see" United States v. Richard Clark, III
8th Cir. · 1995 · signal: see · confidence high
See United States v. McQuarry, 726 F.2d 401, 403 (8th Cir.1984) (McMillian, J., concurring).
discussed Cited "see, e.g." United States v. Alejandro Martinez-Garcia, United States of America v. Luciano Cabrera-Bermea
9th Cir. · 1996 · signal: see also · confidence medium
See also United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984) (citing Scott in affirming district court's denial of instruction regarding defendant's failure to flee; defense counsel made argument about inferences to be drawn from absence of flight to jury); United States v. Telfaire, 469 F.2d 552, 558 (D.C.Cir.1972) ("While the inference from the absence of flight could properly be argued to the jury, we see no basis for requiring it to be elevated above any other inference that might be argued to the jury, and given the status of being enshrined in an instruction.").
cited Cited "see, e.g." State v. Jennings
Conn. App. Ct. · 1989 · signal: see, e.g. · confidence medium
See, e.g., United States v. McQuarry, 726 F.2d 401, 402 (8th Cir. 1984); United States v. Cuni, 689 F.2d 1353, 1356 (11th Cir. 1982); United States v. Telfaire, 469 F.2d 552, 557-58 (D.C.
discussed Cited "see, e.g." United States v. Jack Casperson, United States v. Bernard Philip Pletcher, United States v. Ronald A. Sablosky, United States v. Gerald Ruis (2×)
8th Cir. · 1985 · signal: see, e.g. · confidence medium
See, e.g., United States v. McQuarry, 726 F.2d 401, 402 (8th Cir.1984); United States v. Lewis, 718 F.2d 883, 885 (8th Cir.1983).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Harold Eugene McQUARRY, Appellant
83-2084.
Court of Appeals for the Eighth Circuit.
Jan 30, 1984.
726 F.2d 401
1984 U.S. App. LEXIS 25974
David D. Butler, Martell & Butler, Des Moines, Iowa, for appellant., Richard C. Turner, U.S. Atty., Guy R. Cook, Asst. U.S. Atty., Des Moines, Iowa, for appellee.
Ross, McMillian, Fagg.
Cited by 29 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

David D. Butler, Martell & Butler, Des Moines, Iowa, for appellant.

Richard C. Turner, U.S. Atty., Guy R. Cook, Asst. U.S. Atty., Des Moines, Iowa, for appellee.

Before ROSS, McMILLIAN and FAGG, Circuit Judges.

PER CURIAM.

Lead Opinion

PER CURIAM.

Harold E. McQuarry appeals from his bank robbery conviction under 18 U.S.C. § 2113(d). He argues that the trial court improperly refused to instruct the jury that his failure to flee from the site of the crime gives rise to an inference of his innocence. After reviewing the record, we believe that the trial court’s instructions stated the law properly and allowed defense counsel to argue McQuarry’s innocence on that theory.

Under Federal Rule of Criminal Procedure 30, defendants may submit requested jury instructions to the court on their theory of the case if the request is timely, the evidence supports the proposed instruction, and the instruction correctly states the law. United States v. Lewis, 718 F.2d 883 (8th Cir.1983); United States v. Richmond, 700 F.2d 1183, 1195-96 (8th Cir. 1983). The district court has wide discretion in formulating appropriate jury instructions. United States v. Shigemura, 682 F.2d 699, 704 (8th Cir.1982). On appeal, this court evaluates the adequacy of instructions by reviewing them as a whole. United States v. Brake, 596 F.2d 337, 339 (8th Cir.1979); United States v. Nance, 502 F.2d 615, 619-20 (8th Cir.1974), cert, denied, 420 U.S. 926, 95 S.Ct. 1123, 43 L.Ed.2d 396 (1975).

McQuarry’s proposed instruction directed the jury to consider as evidence of innocence the fact that, while wearing his state penitentiary shirt with name and number, he came forward and identified himself to police officers. The district court rejected this contention as unsupported by case law and we agree. Appellant’s brief concedes that no American case allowed such an instruction. One court, however, explicitly rejected a similar instruction, holding that failure to flee or resist arrest does not increase the probability of the defendant’s innocence. United States v. Scott, 446 F.2d 509, 510 (9th Cir. 1971). Another court held that absence of flight may properly be argued to the jury, but the court declined to give the argument “the status of being particularly significant by being enshrined in an instruction.” United States v. Telfaire, 469 F.2d 552, 558 (D.C.Cir.1972) (per curiam). Other cases support the district court’s discretion in declining to emphasize through jury instructions a particular piece of evidence favorable to the defendant. United States v. Keane, 522 F.2d 534 (7th Cir.1975); Blauner v. United States, 293 F.2d 723 (8th Cir. 1961). Moreover, defense counsel emphasized McQuarry’s failure to flee in his closing argument, so the jury could have considered this fact in their deliberations.

We find no abuse of discretion by the district court and affirm its conclusion.

Concurrence

McMILLIAN, Circuit Judge,

concurring.

I concur. I agree that the district court did not abuse its discretion in refusing to give appellant’s proposed absence of flight instruction. The proposed instruction was argumentative and thus distinguishable[*403] from a theory of defense instruction which must be given by the district court if the request is timely made, if the instruction is supported by evidence in the record, and if the instruction is a correct statement of the applicable law. In my opinion instructions on flight should be eliminated. “If anything, the interest of justice might be better served by removing entirely from instructions both flight and absence-of flight, and relegating the entire subject to the give and take of argument.” United States v. Telfaire, 469 F.2d 552, 558 (D.C.Cir.1972) (per curiam).