SHER

v.

DEHAVEN ET AL.

Citator

Cited By (33 total)

• United States v. Costello, 255 F.2d 876 (2d Cir. 1958)
  …5, certiorari denied 347 U.S. 963, 74 S.Ct. 713, 98 L.Ed. 1106. A motion for a new trial is always addressed to the discretion of the district judge. United States v. Johnson, supra; United States v. On Lee, 2 Cir., 201 F. 2d 722, certiorari denied 345 U.S. 936, 73 S.Ct. 798, 97 L.Ed. 1364. We conclude that the district judge below properly exercised his discretion in denying the appellant a new trial. Affirmed. . Fed.Rules Cr.Proc. rule 33, Title 18 U.S.C.A. “Rule 33. New Trial “The court may grant a n…
• Jenkins v. United States, 307 F.2d 637 (D.C. Cir. 1962)
  …oner may testify concerning matters within a medical specialty if his education or experience, or both, involves demonstrable knowledge of the subject. Sher v. DeHaven, 91 U.S.App.D.C. 257, [*644] 199 F. 2d 777, 36 A.L.R.2d 937 (1952), cert. denied, 345 U.S. 936, 73 S.Ct. 797, 97 L.Ed. 1363 (1953); 2 Wigmore, op. cit. supra. Nor need a skilled witness on a medical subject be duly licensed to practice medicine. Ibid. The general rule is that “anyone who is shown to have special knowledge and skill in diagnos…

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• Taylor v. United States, 222 F.2d 398 (D.C. Cir. 1955)
  …. 138. “ ‘The local statute is very broad. It forbids disclosure by the physician of any information obtained by him in his professional capacity.’ ” Sher v. De Haven, 91 U.S.App.D.C. 257, 260, 199 F. 2d 777, 780, 36 A.L.R.2d 937, certiorari denied, 345 U.S. 936, 73 S.Ct. 797, 97 L.Ed. 1363. In regard to mental patients, the policy behind such a statute is particularly clear and strong. Many physical ailments might be treated with some degree of effectiveness by a doctor whom the patient did not trust, but…