O'BRIEN

v.

UNITED STATES

Citator

Cited By (23 total)

• United States v. Magnano, 543 F.2d 431 (2d Cir. 1976)
  …395 U.S. 961, 89 S.Ct. 2101, 23 L.Ed.2d 746 (1969); United States v. Hart, 407 F. 2d 1087, 1091 (2d Cir.), cert. denied, 395 U.S. 916, 89 S.Ct. 1766, 23 L.Ed.2d 231 (1969); United States v. Bilotti, [*437] 380 F. 2d 649, 654 (2d Cir.), cert. denied, 389 U.S. 944, 88 S.Ct. 308, 19 L.Ed.2d 300 (1967); United States v. Nuccio, 373 F. 2d 168, 174-75 (2d Cir.), cert. denied, 387 U.S. 906, 87 S.Ct. 1688, 18 L.Ed.2d 623 (1967). In each of these cases, however, we found as we find in the instant appeal, that this…
• United States v. Barash, 412 F.2d 26 (2d Cir. 1969)
  …and of itself, and in the context in which it was given. We disagree. The lower court’s charge “made it sufficiently clear that a juror ought not abandon his personal conviction.” United States v. Bilotti, 380 F. 2d 649, 654 (2d Cir.), cert. denied, 389 U.S. 944, 88 S.Ct. 308, 19 L.Ed.2d 300 (1967). Furthermore, in view of the fact that more than three hours elapsed between the time of the charge and the jury’s final verdict, the jury had ample time for thoughtful consideration which would negate coercion.…
• United States v. Santana, 485 F.2d 365 (2d Cir. 1973)
  …or you can accept that part which you believe' to be credible and reject only that part which you believe to be tainted by falsehood. It would seem indeed that six years after United States v. Bilotti, 380 F. 2d 649, 655-656 (2 Cir.), cert. denied, 389 U.S. 944, 88 S.Ct. 308, 19 L.Ed.2d 300 (1967), and eight years after the objectionable form had been changed, see Mathes and Devitt, Federal Jury Practice and Instructions No. 72.01 (1965), references to a “presumption” of truthfulness would have disappeared…