HALEY

v.

STEWART, WARDEN

Citator

Cited By (33 total)

• Isaacs v. United States, 301 F.2d 706 (8th Cir. 1962)
  …, 523, cert. den. sub nom. Sarkis v. United States, 356 U.S. 919, 78 S.Ct. 703, 2 L.Ed.2d 715; Marx v. United States, 8 Cir., 86 F. 2d 245, 250; Phelps v. United States, 8 Cir., 160 F. 2d 858, 867, cert. den. sub nom. Peters v. United [*725] States, 334 U.S. 860, 68 S.Ct. 1525, 92 L. Ed. 1780; Madsen v. United States, 10 Cir., 165 F. 2d 507, 511. “Conspirators ordinarily do not announce that they have joined their efforts for the purpose of engaging in or furthering some unlawful scheme or plan — rather the…
• United States v. Harris, 542 F.2d 1283 (7th Cir. 1976)
  …n that needed to uphold a jury’s finding that a person participated in any other crime. Perhaps the best exposition of the doctrine as this panel understands it appears in Phelps v. United States, 160 F. 2d 858, 867-68 (8th Cir. 1947), cert. denied, 334 U.S. 860, 68 S.Ct. 1525, 92 L.Ed. 1780 (1948): Once there is satisfactory proof that a conspiracy has been formed, the question of a particular defendant’s connection with it may be merely a matter of whether the stick fits so naturally into position in the…
• United States v. Durrive, 902 F.2d 1221 (7th Cir. 1990)
  …ith it.’ ” Hernandez, 300 F. 2d at 121-22. Nye & Nissen cited Meyers v. United States, 94 F. 2d 433 (6th Cir.), cert. denied, 304 U.S. 583, 58 S.Ct. 1059, 82 L.Ed. 1545 (1938), and Phelps v. United States, 160 F. 2d 858 (8th Cir.1947), cert. denied, 334 U.S. 860, 68 S.Ct. 1525, 92 L.Ed. 1780 (1948), for its slight evidence standard.3 Unfortunately, the court in Nye [*1227] & Nissen corrupted the tests applied in Meyers and Phelps. The Meyers test was, “The jury having found guilt, slight evidence connecting…