United States v. Ernest Eugene Mahler, 452 F.2d 547 (9th Cir. 1972). · Go Syfert
United States v. Ernest Eugene Mahler, 452 F.2d 547 (9th Cir. 1972). Cases Citing This Book View Copy Cite
9 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Flores (ca9, 2024-06-03)
Top citers, strongest first. 4 distinct citers.
cited Cited as authority (rule) United States v. Flores
9th Cir. · 2024 · confidence medium
The best evidence often is.” United States v. Parker, 549 F.2d 1217, 1222 (9th Cir. 1977) (quoting United States v. Mahler, 452 F.2d 547, 548 (9th Cir. 1971) (per curiam)).
cited Cited as authority (rule) United States v. Elcie Winston, Jr.
9th Cir. · 1998 · confidence medium
The best evidence often is.' ") (quoting United States v. Mahler, 452 F.2d 547, 548 (9th Cir.1971)).
cited Cited as authority (rule) United States v. Donald Gene Booth
9th Cir. · 1982 · confidence medium
United States v. Mahler, 452 F.2d 547, 548 (9th Cir. 1971), cert. denied, 405 U.S. 1069 , 92 S.Ct. 1517 , 31 L.Ed.2d 801 (1972).
cited Cited "see" United States v. Hector Louie Andrini
9th Cir. · 1982 · signal: see · confidence high
See United States v. Mahler, 452 F.2d 547, 548 (9th Cir. 1971), cert. denied, 405 U.S. 1069 , 92 S.Ct. 1517 , 31 L.Ed.2d 801 (1972).
UNITED STATES of America, Plaintiff-Appellee,
v.
Ernest Eugene MAHLER, Defendant-Appellant
71-1452.
Court of Appeals for the Ninth Circuit.
Apr 17, 1972.
452 F.2d 547
Philip A. DeMassa (argued), San Diego, Cal., for defendant-appellant., Brian E. Michaels, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Robert H. Filsinger, Asst. U. S. Atty. & Chief, Criminal Division, San Diego, Cal., for plaintiff-appellee.
Hufstedler, Trask, Ferguson.
Cited by 9 opinions  |  Published
PER CURIAM:

This is an appeal from a judgment of conviction for concealing and removing court documents in violation of 18 U.S. C. § 2071, following a jury trial. We affirm.

The critical issue on this appeal is the admissibility of certain evidence. There is no doubt about its relevance. It was relevant to the defendant’s motive. Such relevant evidence is not rendered inadmissible because it is of a highly prejudicial nature. Smith v. Rhay, 419 F.2d 160 (9th Cir. 1969); Loux v. United States, 389 F.2d 911 (9th Cir. 1968); Reed v. United States, 364 F.2d 630 (9th Cir. 1966).

Appellant’s complaint is that the relevance is so slight and the potential for prejudicial effect is so great that the evidence should have been excluded. We likewise agree with appellant that the evidence was prejudicial. The best evidence often is.

The question of the admissibility of evidence under these circumstances is one of balance which is addressed to the trial court's discretion, subject to review. Hernandez v. United States, 370 F.2d 171 (9th Cir. 1966).

It is quite possible that other judges, as triers of fact, would have exercised their discretion in a different manner. We cannot say, however, that the ruling of the trial judge was a clear abuse of discretion.

The judgment is affirmed.