DUNCAN

v.

CARTER, INSTITUTION SUPERINTENDENT

Citator

Cited By (33 total)

• United States v. Polizzi, 500 F.2d 856 (9th Cir. 1974)
  …ve an “advice of counsel” instruction. See United States v. Shewfelt, 455 F. 2d 836, 838-839 (9 Cir. 1972), cert. denied, 406 U.S. 944, 92 S.Ct. 2042, 32 L.Ed.2d 331 (1972); Bisno v. United States, 299 F. 2d 711, 719-720 (9 Cir. 1961), cert. denied, 370 U.S. 952, 82 S.Ct. 1602, 8 L.Ed.2d 818 (1962). F. Kotteakos Instruction Appellants contend that they were entitled to a “multiple conspiracy” instruction following the principle of Kotteakos v. United States, 328 U.S. 750, 767-768, 66 S.Ct. 1239, 90 L.Ed.…
• The United States v. Hickey, 360 F.2d 127 (7th Cir. 1966)
  …themselves of this defense, it was necessary for the defendants to show that they had made a full disclosure to their attorneys of all the facts pertaining to the transaction. Bisno v. United States, 299 F. 2d 711, 720 (9th Cir. 1961), cert. denied, 370 U.S. 952, 82 S.Ct. 1602, 8 L.Ed.2d 818 (1962). All three defendants testified to reliance upon counsel, but none of them testified to a disclosure of many of the facts which were proved [*143] by the Government in its case-in-chief. The defendants claim th…
• United States v. Lustig, 555 F.2d 737 (9th Cir. 1977)
  …or or against the other spouse based on the legal fiction that husband and wife were one person. See Hawkins v. United States, 358 U.S. 74, 75-76, 79 S.Ct. 136, 3 L.Ed.2d 125 (1958); Bisno v. United States, 299 F. 2d 711, 721 (9 Cir.), cert, denied, 370 U.S. 952, 82 S.Ct. 1602, 8 L.Ed.2d 818 (1962). This is often referred to as the “anti-marital facts” privilege. See, e. g., United States v. Smith, 533 F. 2d 1077, 1079 (8 Cir. 1976). See generally C. Wright, 2 Federal Practice and Procedure § 405, at 83-86…