United States v. Lawrence C. Cardinal (1986)
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· 55 citation events
across 17 courts.
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Roundtree v. United States (1990)
Accord, West v. State, 290 Ark. 329, 330-34 , 719 S.W.2d 684, 686-87 (1986); Covington, supra, 703 P.2d at 442; State v. Johnson, 66 N.C.App. 444, 446-47 , 311 S.E.2d 50, 52 , review denied, 310 N.C. 747 , 315 S.E.2d 707 (1984); Woods, supra, 657 P.2d at 182 n. 1; But see United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); Carter v. State, 451 N.E.2d 639, 644-45 (Ind.1983).
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United States v. Shanton Hunter (1993)
II. 4 The government argues that Hunter has waived this issue on appeal, as defense counsel failed to object at the sentencing hearing. "[F]ailure to raise an objection at trial prevents its consideration on appeal ... 'It is this Court's inveterate rule not to reverse on grounds not raised in the district court.' " United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir.1982)), cert. denied, 4…
However, in United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), we observed that a district court’s exclusion of a prior, withdrawn, rape accusation “demonstrated a sensitivity to the policy supporting the rape-shield rule.” We recognize that excluding prior instances of sexual assault, in addition to prior accusations, serves Rule 412’s “ ‘principal purpose^] ... to protect rape victims from the degrading and embarrassing disclosure of intimate details about their pr…
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United States v. Berkley (1997)
See, e.g., United States v. Rouse, 111 F.3d 561 , 569 n.7 (8th Cir. 1997); United States v. Provost, 875 F.2d 172, 177-78 (8th Cir. 1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986); see also United States v. Stamper, 766 F. Supp. 1396, 1399 (W.D.N.C. 1991) (applying Rule 412 to past accusations of rape in federal court, but noting that many state courts have decided not to address prior accusations under state rape shield laws), aff'd, 959 F.2d 231 (4th Cir.…
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United States v. Anthony M. Mosley (1996)
Therefore, "[I]t is this Court's inveterate rule not to reverse on grounds not raised in the district court," United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.1986) (quoting United States v. McDowell Contractors, Inc. 668 F.2d 256, 257 (6th Cir.1982)), and "failure to raise an objection at trial prevents its consideration on appeal." Id. at 36 (citing Steagald v. United States, 451 U.S. 204, 211 (1981), and Fed.R.Crim.P. 51).
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United States v. Bernard York (1995)
This theory was first developed at oral argument in response to questions from the bench which were designed to clarify the defendant's arguments. 23 "'Itis this Court's inveterate rule not to reverse on grounds not raised in the district court,"' United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir. 1986)(quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir. 1982)), and "failure to raise an objection at trial prevents its consideration on appeal…
quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir. 1982)
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United States v. David W. Christian (1993)
Despite careful review of the record, however, we are unable to find any indication that the defendant raised this argument below. " 'It is this Court's inveterate rule not to reverse on grounds not raised in the district court.' " United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir.1982)), cert. denied, 476 U.S. 1161 (1986). 6 We note, moreover, that this court decided United States v. Ava…
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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United States v. James Landrum (1990)
Under Federal Rule of Criminal Procedure 51, "failure to raise an objection at trial prevents its consideration on appeal." United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.) (citing Steagald v. United States, 451 U.S. 204, 211 (1981)), cert. denied, 476 U.S. 1161 (1986).
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.1986), citing United States v. Plisek, 657 F.2d 920, 927 (7th Cir.1981).
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United States v. Donna Marie Sunrhodes (1987)
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, — U.S. --, 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); United States v. Gonzalez, 576 F.Supp. 334, 335 (D.Ore. 1983) (hearsay information concerning other offenses may be considered at sentencing where there was substantial other evidence to support the accuracy of the hearsay information).
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State v. Quinn (1997)
I agree completely with the trial judge in the case of United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), who said: I don't see how you can separate evidence of a victim's past sexual behavior from the fact that she had made an allegation of rape and then withdrawn [sic] it.
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United States v. Specialist TERENCE K. TAYLOR, JR. (2018)
Id. at *5 (citing United States v. Rouse, 111 F.3d 561 , 569 n.7 (8th Cir. 1997); United States v. Provost, 875 F.2d 172, 177-78 (8th Cir. 1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986); United States v. Stamper, 766 F. Supp. 1396, 1399 (W.D.N.C. 1991)).
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State v. Nunez (2011)
See Catches v. United States, 582 F.2d 453, 459 (8th Cir.1978); United States v. Harvey, 701 F.2d 800, 806 (9th Cir.1983), overruled on other grounds by United States v. Chapel, 55 F.3d 1416 (9th Cir.1995); United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); Zuern v. Tate, 101 F.Supp.2d 948, 985 (S.D.Ohio 2000), rev'd in part on other grounds, 336 F.3d 478 (6th Cir.2003), cert. denied, 540 U.S. 1198 …
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State v. Nunez (2011)
See Catches v. United States, 582 F.2d 453, 459 (8th Cir. 1978); United States v. Harvey, 701 F.2d 800, 806 (9th Cir. 1983), overruled on other grounds by United States v. Chapel, 55 F.3d 1416 (9th Cir. 1995); United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 (1986); Zuern v. Tate, 101 F. Supp. 2d 948, 985 (S.D.
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Zuern v. Tate (2000)
In United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.1986), the Sixth Circuit held that the giving of an “acquittal first,” rather than “hung jury,” instruction did not constitute plain error. 32 See also Catches v. United States, 582 F.2d 453, 459 (8th Cir.1978) (failure to give “hung jury” instruction is not cognizable in post-conviction proceeding under 28 U.S.C. § 2255 , because the asserted error is not of “constitutional magnitude”).
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Cook v. Greyhound Lines, Inc. (1994)
See United States v. Provost, 875 F.2d 172, 177-78 (8th Cir.1989), cert. denied 493 U.S. 859 , 110 S.Ct. 170 , 107 L.Ed.2d 127 (1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), cert. denied 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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State v. Castro (1989)
United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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Roger Boggs v. Terry Collins, Warden (2000)
See id. at 35-36 .
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986).
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United States v. Willie Joseph Causey, Jr. (1988)
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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Quinn v. Hanes (2000)
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) (stating that allowing cross-examination of a victim about prior false allegations of sexual assault violates the spirit of the rape shield law); Hughes v. Raines, 641 F.2d 790, 793 (9th Cir. 1981) (noting that the rules of evidence generally prohibit drawing an inference that because a person "may have acted wrongfully on one occasion, he or she also acted wrongfully on the occasion at issue"); Quinn, 490 S.E.2d…
stating that allowing cross-examination of a victim about prior false allegations of sexual assault violates the spirit of the rape shield law
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James Quinn v. William S. Haynes, Warden, Huttonsville Correctional Center Darrell v. McGraw Jr., Attorney Ge… (2000)
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986) (stating that allowing cross-examination of a victim about prior false allegations of sexual assault violates the spirit of the rape shield law); Hughes v. Raines, 641 F.2d 790, 793 (9th Cir.1981) (noting that the rules of evidence generally prohibit drawing an inference that because a person “may have acted wrongfully on one occasion, he or she also acted wrongfully on the occasion at issue”); Quinn, 490 S.E.2d a…
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United States v. Leonard Lloyd (92-2106) Shawn Huffman (92-2108) Darryl Little (92-2146) and Mario Taylor (92… (1993)
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); see also Fed.R.Crim.P. 51.
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256 (6th Cir.1982)), ce rt. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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United States of America, Cross-Appellant v. Stephen Allen Wallace, A/K/A Steve Allen Bishop and Glenn Frankl… (1992)
See, e.g., United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 (1986) (hearsay information may be considered at a sentencing hearing). 25 Applying this law to the facts of this case, we find that the district court did not abuse its discretion by refusing to allow Dr. Amble to examine the victim.
Appellant Hunter asserts this Fifth Amendment claim on appeal despite the fact that he did not object to this line of questioning at trial. 37 It is well-settled that failure to raise an objection precludes appellate review, unless the admission of the objectionable material constituted "plain error." U.S. v. Young, 470 U.S. 1 (1985); see also U.S. v. Cardinal, 782 F.2d 34 (6th Cir.), cert. denied, 476 U.S. 1161 (1986).
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United States v. Frederick (2011)
See United States v. Tail, 459 F.3d 854, 860-61 (8th Cir.2006) (exclusion of evidence of victim’s allegedly false prior allegations of sexual abuse because of the minimal probative value of the evidence did not violate Confrontation Clause): United States v. Withorn, 204 F.3d 790, 795 (8th Cir.2000) (‘'[I]mpeaching the victim’s truthfulness and showing her capacity to fabricate a story 'are not recognized exceptions to Rule 412.' ”) (quoting United States v. White Buffalo, 8…
finding that Rule 412 prohibited the admission of victim's prior accusations of sexual abuse even though defendant argued that the evidence related to victim’s credibility rather than to her prior sexual conduct
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White v. State (1991)
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
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Phillips v. State (1989)
Compare, e.g., United States v. Cardinal , 782 F.2d 34 (6th Cir. 1986), cert. denied, Cardinal v. United States , 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986) (trial court did not err in excluding, under federal rape-shield statute, fact of the victim's having made and then withdrawn other charges of sexual assault) with People v. Hurlburt , 166 Cal.App.2d 334 , 333 P.2d 82 (1958) (trial court erred in refusing to admit evidence that prosecutrix had made similar fa…