RUSHING, DOING BUSINESS AS MARCEL COMPANY,

v.

FEDERAL TRADE COMMISSION

Citator

Cited By (12 total)

• 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…
• United States v. Freeman, 619 F.2d 1112 (5th Cir. 1980)
  …ity opinion), cert. denied, 441 U.S. 922, 99 S.Ct. 2030, 60 L.Ed.2d 395 (1979). It does not contain the language shifting the burden of proof that was disap [*1124] proved in 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), and recently in Sandstrom v. Montana, 442 U.S. 510, 524, 99 S.Ct. 2450, 2459-60, 61 L.Ed.2d 39 (1979) (instruction that “[t]he law presumes that a person intends the ordinary consequences of his voluntary acts,”…
• United States v. Chiantese, 582 F.2d 974 (5th Cir. 1978)
  …struction is objectionable because the emphasized language may be read to shift the burden of proof on the issue of criminal intent from the Government to the defendant. E. g., 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). To reach our original disposition, we felt compelled to formulate a rule of automatic reversal. The district courts of this circuit had continued to give the instruction, perhaps because several of our cases, a…

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