CLARK

v.

WASHINGTON STATE BAR ASSOCIATION

Citator

Cited By (48 total)

• United States v. Haldeman, 559 F.2d 31 (D.C. Cir. 1976)
  …ates v. Barash, 365 F. 2d 395, 402 (2d Cir. 1966); United States v. Releford, 352 F. 2d 36, 40 (6th Cir. 1965), cert. denied, 382 U.S. 984, 86 S.Ct. 562, 15 L.Ed.2d 473 (1966); Mann v. United States, 319 F. 2d 404, 409 (5th Cir. 1963), cert. denied, 375 U.S. 986, 84 S.Ct. 520, 11 L.Ed.2d 474 (1964); Chappell v. United States, 270 F. 2d 274, 279-280 (9th Cir. 1959). . In Moore, we found no reversible error in the use of this instruction even though the phrase “knowingly done or knowingly omitted” was not in…
• Brooks v. Kemp, 762 F.2d 1383 (11th Cir. 1985)
  …ration. See generally E. Cleary, McCormick on Evidence § 347 (1984). This was resolved in the instruction so firmly — but, I submit, unwisely — condemned by our predecessor court in Mann v. United States, 319 F. 2d 404 (5th Cir.1963), cert. denied, 375 U.S. 986, 84 S.Ct. 520, 11 L.Ed.2d 474; see United States v. Chiantese, 560 F. 2d 1244, 1256 (Hill, J. concurring specially). That instruction cautioned the jury that an inference of intent should not be drawn if “the contrary appears from the evidence.” The…
• Estes v. United States, 335 F.2d 609 (5th Cir. 1964)
  …ph (2) of the footnote.11 The instruction, of course, must [*616] be weighed in the context in which it appears in the charge. Appellant claims that this in effect was the charge condemned in Mann v. United States, 5 Cir. 319 F. 2d 404, cert. denied 375 U.S. 986, 84 S.Ct. 520, 11 L.Ed.2d 474. Appellant reaches this conclusion by attempting to equate the words, “rebuttable presumption” used in this charge with the words, “So unless the contrary appears from the evidence.” etc.,12 in the Mann case. In Mann, w…