United States v. Larry R. Shurn, 852 F.2d 366 (8th Cir. 1988). · Go Syfert
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United States v. Larry R. Shurn, 852 F.2d 366 (8th Cir. 1988). Cases Citing This Book View Copy Cite
7 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Kubit (iowa, 2001-05-31)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Kubit (2×)
Iowa · 2001 · confidence medium
See, e.g., Payton v. New York, 445 U.S. 573, 603 , 100 S.Ct. 1371, 1388 , 63 L.Ed.2d 639, 661 (1980); Clayton, 210 F.3d at 843-44 ; United States v. Shurn, 852 F.2d 366, 367 (8th Cir.1988).
discussed Cited as authority (rule) United States v. Mark E. Clayton
8th Cir. · 2000 · confidence medium
See Kain, 156 F.3d at 673 (officer who reasonably believed suspect was inside did not need permission from person answering door to execute warrant); United States v. Shurn, 852 F.2d 366, 367 (8th Cir.1988) (per curiam) (arrest warrant authorizes forcible entry).
discussed Cited as authority (rule) United States v. Mark E. Clayton
8th Cir. · 2000 · confidence medium
See Kain, 156 F.3d at 673 (officer who reasonably believed suspect was inside did not need permission from person answering door to execute warrant); United States v. Shurn, 852 F.2d 366, 367 (8th Cir. 1988) (per curiam) (arrest warrant authorizes forcible entry).
cited Cited as authority (rule) State v. Budgetts
Mo. Ct. App. · 1989 · confidence medium
United States v. Shurn, 852 F.2d 366, 367 (8th Cir.1988).
discussed Cited "see" United States v. Jeffrey Big Crow
8th Cir. · 1996 · signal: see · confidence high
See United States v. Shurn, 852 F.2d 366 (8th Cir. 1988) (per curiam); United States v. Porter, 544 F.2d 936 (8th Cir. 1976); United States v. Calvert, 523 F.2d 895 (8th Cir. 1975), cert. denied, 424 U.S. 911 (1976).
discussed Cited "see" United States v. Jeffrey Lynn Big Crow, United States of America v. Duane Leroy Apple
8th Cir. · 1996 · signal: see · confidence high
See United States v. Shurn, 852 F.2d 366 (8th Cir.1988) (per curiam); United States v. Porter, 544 F.2d 936 (8th Cir.1976); United States v. Calvert, 523 F.2d 895 (8th Cir.1975), cert. denied, 424 U.S. 911 , 96 S.Ct. 1106 , 47 L.Ed.2d 314 (1976).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Larry R. SHURN, Appellant
87-2368.
Court of Appeals for the Eighth Circuit.
Jul 26, 1988.
852 F.2d 366
1988 U.S. App. LEXIS 9961
1988 WL 76055
C. Clifford Schwartz, Clayton, Mo., for appellant., J. Bennett Clark, St. Louis, Mo., for ap-pellee.
Fagg, Bright, Nichol.
Cited by 7 opinions  |  Published
PER CURIAM.

Larry R. Shurn appeals from his conviction of possessing a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We affirm.

Shurn first argues the record contains insufficient evidence to support his conviction. We disagree. Viewing the evidence in the light most favorable to the Government, see United States v. Shurn, 849 F.2d 1090, 1093 (8th Cir.1988), we find the record evidence more than sufficient to support Shurn’s conviction.

Shurn also contends the district court committed error by refusing two of his proposed instructions relating to possession. We conclude the court adequately instructed the jury. See id. at 1096.

Shurn asserts that evidence taken from his home was illegally seized. Clearly, the officers had the limited authority to enter Shurn’s residence to execute a warrant for Shurn’s arrest. See Payton v. New York, 445 U.S. 573, 602-03, 100 S.Ct. 1371, 1388-89, 63 L.Ed.2d 639 (1980). When the officers arrived, they knocked at the front door and announced their purpose and identity. No one answered, and the officers forcibly entered the residence. Once lawfully inside, the officers properly seized the evidence under the plain view doctrine. See United States v. Newton, 788 F.2d 1392, 1394-95 (8th Cir.1986).

Shurn next argues there was a systematic exclusion of blacks from the jury panel in violation of his rights under the sixth amendment. In addition, he contends the court committed error in refusing to strike three people from the jury panel for cause. Again, we disagree. We find no evidence in the record to support Shurn’s assertion on jury composition other than an affidavit from his attorney. Further, Shurn has not provided the court with a transcript of the jury voir dire. We find Shurn’s arguments here meritless. See Shurn, 849 F.2d at 1096.

[*368] Finally, Shurn argues the district court abused its discretion in allowing rebuttal testimony by the Government and in denying his request for a mistrial. Shurn based his request for a mistrial on “prosecutorial excesses.” We find the district court did not abuse its discretion on either issue. Nevertheless, we caution the Government that in prosecuting cases it cannot continually edge toward the point of excess or misconduct.

We have thoroughly considered all of Shurn’s contentions, and we conclude they are without merit. Accordingly, we affirm.