GORDON ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Garza, 608 F.2d 659 (5th Cir. 1979)
  …this case, I certainly wouldn’t have the courage to stand up here and argue before you that they were guilty. It is never our intention to prosecute and try innocent men.” United States v. Battiato, 204 F. 2d 717, 719 (7th Cir. 1953), cert. denied, 346 U.S. 871, 74 S.Ct. 118, 98 L.Ed. 380 (1953). This decision is in clear conflict with the newer and, we feel, better reasoned precedents from this circuit. We therefore decline to follow it, even if it is still good law in the Seventh Circuit. . The jury app…
• Patriarca v. United States, 402 F.2d 314 (1st Cir. 1968)
  …3 F. 2d 789, 795 (6th Cir. 1965), cert. denied, 384 U.S. 973, 86 S.Ct. 1860, 16 L.Ed.2d 683 (1966); Jones v. United States, 119 U.S.App.D.C. 213, 338 F. 2d 553, 554, n. 3 (1964); and United States v. Battiato, 204 F. 2d 717 (7th Cir.), cert. denied, 346 U.S. 871, 74 S.Ct. 118, 98 L.Ed. 380 (1953) seem to define the impermissible conduct as any expression of belief which indicates that the prosecutor is relying on information other than that which has been presented in court.5 Greenberg proscribes expression…
• United States v. Bess, 593 F.2d 749 (6th Cir. 1979)
  …he evidence produced at trial. See Schmidt v. United States, 237 F. 2d 542 (8th Cir. 1956) (argument “I believe in the guilt of these two defendants under this evidence” was proper); United States v. Battiato, 204 F. 2d 717 (7th Cir.), cert. denied, 346 U.S. 871, 74 S.Ct. 118, 98 L.Ed. 380 (1953) (statement that prosecutor believed defendants were guilty was proper because there was no indication that the belief was based on personal knowledge). Cf. Thompson v. United States, 272 F. 2d 919 (5th Cir. 1959),…