STEVENS

v.

MARYLAND

Citator

Cited By (18 total)

• United States v. Arteaga-Limones, 529 F.2d 1183 (5th Cir. 1976)
  …Because Arteaga failed to request an instruction concerning the credibility of Castillo’s testimony, the proper foundation was not laid to obtain a review of this alleged error. Franano v. United States, 310 F. 2d 533 (8th Cir. 1962), cert. denied, 373 U.S. 940, 83 S.Ct. 1545, 10 L.Ed.2d 694 (1963); Mims v. United States, 254 F. 2d 654 (9th Cir. 1958); United States v. Muncy, 526 F. 2d 1261 (5th Cir. 1976). 4. Due process and a “witness’ failure of memory.” The indictment charged that the offenses occurre…
• United States v. Esquer, 459 F.2d 431 (7th Cir. 1972)
  …trary, where the failure to instruct “constitutes basic and highly prejudicial error,” reversible error exists regardless of the defendant’s failure to have requested the instruction. Franano v. United States, 310 F. 2d 533 (8th Cir.), cert. denied, 373 U.S. 940, 83 S.Ct. 1545, 10 L.Ed.2d 694 (1962); Holder v. United States, 271 F. 2d 214 (8th Cir.), cert. denied, 361 U.S. 933, 80 S.Ct. 372, 4 L.Ed.2d 354 (1959). However, from the arguments of counsel and the record before us, we are not convinced that the…
• United States v. Carter, 528 F.2d 844 (8th Cir. 1975)
  …U.S. 913, 83 S.Ct. 1304, 10 L.Ed.2d 414 (1963). It is when a judge becomes an advocate for one party that he exceeds his discretion. Kramer v. United States, supra, at 841; Franano v. United States, 310 F. 2d 533, 537 (8th Cir. 1962), cert. denied, 373 U.S. 940, 83 S.Ct. 1545, 10 L.Ed.2d 694 (1963). The quoted exchange falls within the court’s discretion. The discretionary right to ask questions of a witness certainly includes the right to respond to questions directed to the court by a witness on the stan…

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