RUTHERFORD

v.

DEEGAN, WARDEN

Citator

Cited By (26 total)

• United States v. Grady James Maner, 611 F.2d 107 (5th Cir. 1980)
  …Cir. 1975), cert. denied, 423 U.S. 1058, 96 S.Ct. 792, 46 L.Ed.2d 648 (1976) (dicta: “The FDIC certificate issued to a bank constitutes sufficient proof of its insured status.”); United States v. Safíey, 408 F. 2d 603, 605 (4th Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2147, 23 L.Ed.2d 772 (1969) (where a bank employee testified deposits “are” insured by corporation, and defendants did not suggest that bank was not insured, but only that the proof was insufficient, testimony could refer to insurance at t…
• United States v. Newby Franklin Love, 767 F.2d 1052 (4th Cir. 1985)
  …witness such credibility, if any, as you may think it deserves.” This court has long held that the instruction that a witness is presumed or assumed to tell the truth is improper. See United States v. Safley, 408 F. 2d 603 (4th Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2147, 23 L.Ed.2d 772 (1969). We reiterated this point most recently in United States v. Varner, 748 F. 2d 925 (4th Cir.1984) in holding such an instruction to be erroneous and remanding that case for a new trial. In Varner, the defendant…
• Nowell A. Brathwaite v. Manson, 527 F.2d 363 (2d Cir. 1975)
  …tween the crime and identification and the trial, and even [*371] the existence of other evidence tending to show that the identification was not mistaken. See, e. g., United States ex rel. Rutherford v. Deegan, 406 F. 2d 217 (2 Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2145, 23 L.Ed.2d 771 (1969); United States ex rel. Phipps v. Follette, supra, 428 F. 2d 912; United States ex rel. Frasier v. Henderson, 464 F. 2d 260 (2 Cir. 1972). But in the cases cited and at least most of the others the prosecution, f…