GREEN

v.

WARDEN, MARYLAND PENITENTIARY

Citator

Cited By (21 total)

• United States v. Mayo Perez, 489 F.2d 51 (5th Cir. 1973)
  …Ct. 112, 97 L.Ed. 674. Even if hostility should appear among the co-defendants or they attempt to cast blame on each other, it does not compel the granting of separate trials. Baker v. United States, 10 Cir., 1964, 329 F. 2d 786, cert. denied, 1964, 379 U.S. 853, 85 S.Ct. 101, 13 L.Ed.2d 56. Clearly the testimony was not admissible on any basis. DeVille had not testified so it was not impeachment, and there was nothing in the government’s relation to the Grand Jury testimony of the management of the ease t…
• United States v. Butler, 494 F.2d 1246 (10th Cir. 1974)
  …Ordinarily, severance is a form of relief resting within the sound discretion of the trial court, and unless abused that discretion will not be questioned on appeal. See, for example, Baker v. United States, 329 F. 2d 786 (10th Cir.), cert, denied, 379 U.S. 853, 85 S.Ct. 101, 13 L.Ed.2d 56. However, when joinder of either defendants or offenses causes the actual or threatened deprivation of a fair trial, severance is no longer discretionary. As the Supreme Court observed in Kotteakos: “ . . . Guilt with u…
• United States v. Andrews, 585 F.2d 961 (10th Cir. 1978)
  …se may be inferred from a combination of circumstances. Jordan v. United States, 370 F. 2d 126 (10th Cir. 1976), cert. denied, 386 U.S. 1033, 87 S.Ct. 1484, 18 L.Ed.2d 595 (1967); Baker v. United States, 329 F. 2d 786 (10th Cir. 1964), cert. denied, 379 U.S. 853, 85 S.Ct. 101, 13 L.Ed.2d 56 (1964). The Government’s evidence may establish an ongoing course of conduct giving rise to one continuing conspiracy, covering an extended period of time. United States v. Bridwell, 583 F. 2d 1135 (10th Cir. 1978); Unit…