green
Positive treatment
Quoted verbatim 1×
6.6 score
G Cite
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Bradfield
it has long been well established in this circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.
discussed
Cited "see"
United States v. Bradfield
(2×)
See United States v. Schmick, 904 F.2d 936, 943 (5th Cir.1990), cert. denied sub nom., 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991)("It has long been well established in this Circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent."(quoting United States v. Lewis, 592 F.2d 1282, 1285 (5th Cir.1979)); United States v. Johnson, 872 F.2d 612, 622 (5th Cir. 1989)("When a defendant properly requests an instruction on a theory of def…
discussed
Cited "see"
United States v. Roy C. Bradfield and Lee Andrew Williams
(2×)
See United States v. Schmick, 904 F.2d 936, 943 (5th Cir.1990), cert. denied sub nom., 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991) ("It has long been well established in this Circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.”) (quoting United States v. Lewis, 592 F.2d 1282, 1285 (5th Cir. 1979)); United States v. Johnson, 872 F.2d 612, 622 (5th Cir.1989) ("When a defendant properly requests an instruction on a theory …
discussed
Cited "see"
United States v. Barbara Chaney
(2×)
See United States v. Schmick, 904 F.2d 936, 941 (5th Cir.1990), cert. denied, — *448 U.S. -, 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991); United States v. Yamin, 868 F.2d 130, 133 (5th Cir.), cert. denied, 492 U.S. 924 , 109 S.Ct. 3258 , 106 L.Ed.2d 603 (1989); United States v. Gordon, 780 F.2d 1165, 1170 (5th Cir.1986).
examined
Cited "see"
United States of America, in 91-1201 v. Thomas L. McGill Jr., in 91-1122
(4×)
See In re Braen, 900 F.2d 621 , 626 (3d Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991) (reviewing court must consider charge as whole); Gutzan v. Altair Airlines, Inc., 766 F.2d 135, 138 (3d Cir.1985).
discussed
Cited "see"
UNITED STATES OF AMERICA v. BARBARA CHANEY
See United States v. Schmick, 904 F.2d 936, 941 (5th Cir. 1990), cert. denied, 111 S. Ct. 782 (1991); United States v. Yamin, 868 F.2d 130, 133 (5th Cir.), cert. denied, 492 U.S. 924 , 109 S. Ct. 3258 (1989); United States v. Gordon, 780 F.2d 1165, 1170 (5th Cir. 1986).
discussed
Cited "see, e.g."
United States v. Naranjo
(2×)
Compare United States v. Schmick, 904 F.2d 936, 940 (5th Cir.1990) (“The return of a timely indictment tolls the statute of limitations as to the charges alleged therein.”), cert. denied, 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991), with United States v. Morales-Alejo, 193 F.3d 1102, 1104 (9th Cir.1999) (holding, because supervised-release-term not tolled under 18 U.S.C. § 3624 (e), warrant issued more than two weeks after expiration of supervised release term did not preserve district court’s jurisdiction).
discussed
Cited "see, e.g."
U.S. v. All Star Industries
Specifically, they argue that, "[e]ven assuming, hypothetically, that this case involves a per se violation of the [S]herman [A]ct, there still must be evidence that the defendant intended to commit the specific intent offense charged."17 We recognize that, "[w]hen a defendant properly requests an instruction on a theory of defense that is supported by some evidence, it is reversible error not to adequately present the theory." United States v. Johnson, 872 F.2d 612, 622 (5th Cir. 1989) (reviewing instruction as a whole and holding that instruction on defense theory of entrapment was adequate)…
discussed
Cited "see, e.g."
United States v. All Star Industries, Midco Pipe & Tube Co., Richard A. Brazzale, Mannesmann International Alloys, Inc. (Mia)
(2×)
Specifically, they argue that, “[ejven assuming, hypothetically, that this case involves a per se violation of the [Sjherman [A]ct, there still must be evidence that the defendant intended to commit the specific intent offense charged.” 17 We recognize that, “[w]hen a defendant properly requests an instruction on a theory of defense that is supported by some evidence, it is reversible error not to adequately present the theory.” United States v. Johnson, 872 F.2d 612, 622 (5th Cir.1989) (reviewing instruction as a whole and holding that instruction on defense theory of entrapment was a…
discussed
Cited "see, e.g."
Commodity Futures Trading Commission and the State of Florida v. Wellington Precious Metals, Inc., Daniel Weiss
(2×)
See also In re Braen, 900 F.2d 621 , 624 (3d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991).
discussed
Cited "see, e.g."
Wheeler v. Nieves
(2×)
See also In re Braen, 900 F.2d *626 621, 628 (3d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991).
discussed
Cited "see, e.g."
UNITED STATES OF AMERICA v. HAL PETTIGREW, CRAIG WALKER, and CHAD POWELL
United States v. Hopkins, 916 F.2d 207, 212 (5th Cir. 1990); see also United States v. Schmick, 904 F.2d 936, 941 (5th Cir. 1990) (any element of conspiracy may be inferred from circumstantial evidence), cert. denied, 111 S.Ct. 782 (1991).
Retrieving the full opinion text from the archive…
Samuel BRAEN, Jr.
v.
Nicholas LAGANELLA
v.
Nicholas LAGANELLA
No. 90-389.
Supreme Court of the United States.
Jan 22, 1991.
Cited by 59 opinions | Published
Citer courts: Fifth Circuit (1)
Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit.
Denied.