green
Positive treatment
7.3 score
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 37 distinct citers.
How cited ↗
discussed
Cited "see"
James R. Wyley, Jr. v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974), cert. denied, 423 U.S. 861 , 96 S.Ct. 116 , 46 L.Ed.2d 88 (1975). 6 Additionally, Mr. Wyley asserts that his appellate counsel was as ineffective as his trial counsel, which precluded him from properly presenting his claims on direct appeal.
cited
Cited "see"
United States v. Charles William O'Brien
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
United States v. Garcia-Beltran
See United States v. Llaca Orbiz, 513 F.2d 816, 818-19 (1st Cir.), cert. denied, 423 U.S. 861 , 96 S.Ct. 117 , 46 L.Ed.2d 88 (1975).
discussed
Cited "see"
In re Jessica Y.
Moreover, it is "[s]carcely necessary for repetition * * * that a defendant who chooses to testify may be cross-examined concerning any immoral, vicious or criminal acts of his life which have a bearing on his credibility as a witness, provided the cross-examiner questions in good faith and upon a reasonable basis in fact, the law being inflexibly set against questioning as to such acts when the obvious intent is to show from character or experience a propensity to commit the crime for which defendant is on trial” (People v Greer, 42 NY2d 170, 176 ; see, People v Duffy, 36 NY2d 258, 262 , ce…
discussed
Cited "see"
James Henry Warren v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (rejecting a defendant's attempt to relitigate issues in a habeas action that had already been litigated on direct appeal), cert. denied, 423 U.S. 861 (1975); Cabrera v. United States, 972 F.2d 23, 25 (2nd Cir.1992) (quotations omitted) ("[S]ection 2255 may not be employed to relitigate questions which were raised and considered on direct appeal."); Belford v. United States, 975 F.2d 310, 313 (7th Cir.1992) (issues raised on direct appeal cannot be raised in a collateral attack absent a change in circumstances); Dall v. United S…
cited
Cited "see"
Franklin Delano Joan v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
Dwayne E. Head v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975). 8 Accordingly, the order of the district court is affirmed.
cited
Cited "see"
German Hernandez v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
Roy Anderson v. United States
See Stephan v. United States, 496 F.2d 527, 528 (6th Cir.1974), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
John Prayso v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
Anthony Dicarlantonio v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see"
Wilford Larry Brooks v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
discussed
Cited "see"
People v. Guevara
It is well settled that "the exclusion of prior convictions is largely, if not completely, a matter of discretion which rests with the trial court” (People v Shields, 46 NY2d 764, 765 ; see, People v Duffy, 36 NY2d 258 , amended 36 NY2d 857 , cert denied 423 US 861 ).
discussed
Cited "see"
People v. Cheatham
It is generally recognized that we should not disturb the discretionary rulings of a Trial Judge in the absence of "plain abuse and injustice” (La Beau v People, 34 NY 223, 230 ; see, People v Duffy, 36 NY2d 258, 263 , cert denied 423 US 861 ; People v Sorge, 301 NY 198, 202 ).
cited
Cited "see"
Thomas Delbert Stevens v. United States
See Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974), cert. denied, 423 U.S. 861 (1975). 5 Accordingly, the district court's judgment is hereby affirmed.
cited
Cited "see"
United States v. Finley
See United States v. Gardner, 516 F.2d 334, 338-39 (7th Cir.), cert, denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 (1975).
discussed
Cited "see"
People v. O'Neal
It was incumbent upon defendant to inform the court of the prior convictions and misconduct for which he sought a pretrial ruling (supra, at 378; accord, People v Duffy, 36 NY2d 258, 263 , cert denied 423 US 861 ; but see, CPL 240.43, as added by L 1987, ch 222, eff Nov. 1, 1987).
cited
Cited "see"
United States v. George M. Verrusio
See United States v. Gardner, 516 F.2d 334, 339 (7th Cir.), cert. *890 denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 (1975).
cited
Cited "see"
United States v. Cleveland R. Rodgers
See United States v. Gardner, 516 F.2d 334, 342 (7th Cir.), cert. denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 (1975).
cited
Cited "see"
People v. Williams
This, it is true, was one of the factors mentioned in Sandoval as bearing on a defendant’s veracity ( 34 NY2d 371,377 , supra; see People v Duffy, 36 NY2d 258, 262 , cert den 423 US 861 ).
cited
Cited "see"
Brown v. Cuyler
See U. S. v. Gardner, 516 F.2d 334, 341 (7th Cir. 1975), cert. denied 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 ; U. S. ex rel.
discussed
Cited "see"
United States v. Robert Moore, United States of America v. Clifford Waymon, A/K/A John Jones
See United States v. Gardner, 516 F.2d 334 (7th Cir.), cert. denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 (1975); United States v. Riso, 405 F.2d 134 (7th Cir. 1968), cert. denied, 394 U.S. 959 , 89 S.Ct. 1306 , 22 L.Ed.2d 560 (1969); United States v. Tauro, 362 F.Supp. 688 (W.D.Pa.), aff’d without opinion, 493 F.2d 1402 (3d Cir. 1973). 3 See also United States v. Kramer, 289 F.2d 909 (2d Cir. 1961) (Friendly, J.) (prosecution under 18 U.S.C. § 641 for receiving and concealing stolen postal money orders with a value in excess of $100).
discussed
Cited "see"
People v. Smith
The trial court abused its discretion in denying the motion (see People v Dickman, 42 NY2d 294 ; People v Sandoval, supra; People v Schwartzman, 24 NY2d 241 , cert den 396 US 846 ; People v Russell, 266 NY 147 ; People v Zackowitz, 254 NY 192 ; People v Batchelor, 57 AD2d 1059 ; People v Carmack, 52 AD2d 264 ; People v Santiago, 47 AD2d 476 ; People v Johnson, 31 AD2d 842 ; accord People v Duffy, 36 NY2d 258 , mod 36 NY2d 857 , cert den 423 US 861 ; and see People v Molineaux, 168 NY 264 ).
discussed
Cited "see"
United States v. Patty McClain Joseph M. Rodriguez, Ada Eveleigh Simpson, William Clark Simpson and Mike Bradshaw
See United States v. Gardner, 7 Cir. 1975, 516 F.2d 334, 349 , cert. denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 ; United States v. Bolin, 9 Cir. 1970, 423 F.2d 834, 838 , cert. denied, 398 U.S. 954 , 90 S.Ct. 1882 , 26 L.Ed.2d 297 .
cited
Cited "see, e.g."
Yorke v. LaManna
See People v. Sandoval, 34 N.Y.2d 371 (1974); see also People v. Duffy, 36 N.Y.2d 258, 265 (1975), cert. denied, 423 U.S. 861 (1975).
discussed
Cited "see, e.g."
People v. Brown
Furthermore, while a defendant may be cross-examined about immoral, criminal or vicious acts even though such acts did not result in convictions, it is elementary that such questions must be asked in good faith and with a reasonable basis in fact (see, Prince, Richardson on Evidence § 6-406, at 389 [Farrell 11th ed]; see also, People v Duffy, 36 NY2d 258, 262 , mod 36 NY2d 857 , cert denied 423 US 861 ; People v Steele, supra, at 938 ; People v Booker, 134 AD2d 949, 949-950 , lv denied 70 NY2d 953 ; People v Delacruz, 127 AD2d 887, 888-889 ; People v Simpson, 109 AD2d 461, 464 , appeal dismis…
discussed
Cited "see, e.g."
Grant Goddard, Jr. v. United States
See, e.g., Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975). 9 Goddard has recently filed a pro se motion to amend his petition to include an additional claim.
cited
Cited "see, e.g."
United States v. Victor Pennell
See, e.g., Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see, e.g."
Elbert Ladale Suggs v. United States
See, e.g., Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975). 10 Accordingly, the district court's judgment is affirmed.
cited
Cited "see, e.g."
Otis Chambers, (Case No. 94-2418) Belinda Lumpkin, (Case No. 94-2432) Billy Joe Chambers, (Case No. 95-1048) v. United States
See, e.g., Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see, e.g."
United States v. Bobby Carroll Beckley
See, e.g., Stephan v. United States, 496 F.2d 527, 528-29 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
cited
Cited "see, e.g."
Robert Earthman v. United States
See Johnston v. United States, 832 F.2d 1 , 1 n. 1 (1st Cir.1987) (per curiam); see also Stephan v. United States, 496 F.2d 527, 528 (6th Cir.1974) (per curiam), cert. denied, 423 U.S. 861 (1975).
discussed
Cited "see, e.g."
People v. Tyes
"The extent to which disparaging questions, not relevant to the issue, but bearing on the credibility of a witness, may be put upon cross-examination is discretionary with the trial court, and its rulings are not subject to review unless it clearly appears that the discretion has been abused” (Richardson, Evidence § 500 [Prince 10th ed]; see also, People v Duffy, 36 NY2d 258, 262-263 , cert denied 423 US 861 ).
discussed
Cited "see, e.g."
People v. Malphurs
In order to obtain an advance ruling limiting the scope of cross-examination, the burden is upon the defendant to inform the court of the prior misconduct which might unfairly affect him as a witness in his own behalf (see, People v Poole, 52 AD2d 1010 ; People v Ortero, 75 AD2d 168, 174 ; see also, People v Duffy, 36 NY2d 258, 263 , cert denied 423 US 861 ; People v Sandoval, 34 NY2d 371, 378 ).
discussed
Cited "see, e.g."
United States v. James Carrel Luman and Billy Gene Trammell
See also United States v. Kidding, 560 F.2d 1303 (7th Cir.), cert. denied, 434 U.S. 872 , 98 S.Ct. 217 , 54 L.Ed.2d 151 (1977) and United States v. Gardner, 516 F.2d 334 (7th Cir.), cert. denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 (1975).
discussed
Cited "see, e.g."
Batson v. State
See, e. g., United States v. Gardner, 516 F.2d 334, 348 (7th Cir. 1975), cert. denied, 423 U.S. 861 , 96 S.Ct. 118 , 46 L.Ed.2d 89 ; United States v. Watson, 489 F.2d 504 (3d Cir. 1973); United States v. Ambrose, 483 F.2d 742 (6th Cir. 1973); United States v. Harrell, 436 F.2d 606 (5th Cir. 1970); Notaro v. United States, 363 F.2d 169 (9th Cir. 1966); United States v. Sherman, 200 F.2d 880 (2d Cir. 1952). 12 .
discussed
Cited "see, e.g."
Guarisco v. E. J. Milk Farms
(See Sandoval , p 375.) However, Sandoval is a criminal action and, not being based upon universally applicable constitutional grounds (see People v Adams, 81 Misc 2d 528, 529 ; see, also, People v Duffy, 44 AD2d 298, 305 , afid 36 NY2d 258 , mod 36 NY2d 857 , cert den 423 US 861 ), it runs, in a civil action, into the wall of CPLR 4513, which reads as follows: "A person who has been convicted of a crime is a competent witness; but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by cross-examination, upon which he shall be required to answer any r…
Retrieving the full opinion text from the archive…
Marchesani
v.
United States
v.
United States
No. 74-6714.
Supreme Court of the United States.
Oct 6, 1975.
Cited by 5 opinions | Published
C. A. 6th Cir. Certiorari denied.