MUTTER

v.

UNITED STATES

Citator

Cited By (35 total)

• United States v. Elvin Lee Bynum, 485 F.2d 490 (2d Cir. 1973)
  …iglio possessed, and failed to exercise, the right to request a prior ruling from the trial judge on whether the earlier conviction could be used on cross-examination. See, e. g., United States v. Palumbo, 401 F. 2d 270 (2d Cir. 1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969). Having neglected to make such an application below, the appellants are now in no position to urge that Coniglio was unfairly prevented from testifying. Levis Nedd, along with some of the other defendants, comp…
• United States v. Kahn, 472 F.2d 272 (2d Cir. 1973)
  …nted him from testifying in his own defense. While we have made it clear that a trial judge has the power to give an advance ruling on the permissible scope of cross-examination, United States v. Palumbo, 401 F. 2d 270 (2d Cir. 1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969), it is also clear that such “highly discretionary adjudications” will not be reversed “unless the wisdom of so doing is very clear.” Id. at 274; Brooke v. United States, 128 U.S.App.D.C. 19, 385 F. 2d 279, 286 (…
• United States v. Crisona, 416 F.2d 107 (2d Cir. 1969)
  …and that between 1937 and 1940 he was charged with concealment of leased property, for which he was ultimately fined $300.7 Appellant, relying largely on this court’s decision in United States v. Palumbo, 401 F. 2d 270 (2d Cir. 1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969), argues that these ancient and relatively minor convictions should not have been available to the Government to impeach his credibility and that the trial judge had discretion to prevent such use and should have…