SHEER

v.

UNITED STATES

Citator

Cited By

• Anton Kevin Peterson v. State, 372 So. 2d 1017 (Fla. 2d DCA 1979)
  …ited States v. Garrett, 521 F. 2d 444, 447 n. 3 (8th Cir. 1975); United States v. Gardner, 516 F. 2d 334 (7th Cir.), cert. denied, 423 U.S. 861, 96 S.Ct. 118, 46 L.Ed.2d 89 (1975); Sheer v. United States, 414 F. 2d 122 (5th Cir. 1969), cert. denied, 396 U.S. 946, 90 S.Ct. 387, 24 L.Ed.2d 249 (1969). The determination that the ruling was based on voluntariness must be ascertainable from the record as a whole. Javor v. United States, 403 F. 2d 507 (9th Cir. 1968), cert. denied, 404 U.S. 864, 92 S.Ct. 44, 30 L…
• United States v. Carrasco, 537 F.2d 372 (9th Cir. 1976)
  …rsal, we must ask how important Gamez’s testimony was to each defendant’s case. If it was superfluous, the trial judge’s failure to strike it may have been harmless. See, e. g., Sheer v. United States, 5 Cir., 1969, 414 F. 2d 122, 124, cert. denied, 396 U.S. 946, 90 S.Ct. 387, 24 L.Ed.2d 2 49. Her testimony, however, was certainly not superfluous. Ruiz-Ontiveros’ hopes for acquittal lay in persuading the jury to believe his testimony, rather than that of Gamez and Lowe. Each of them corroborated the other.…
• United States v. Davis, 456 F.2d 1192 (10th Cir. 1972)
  …a) was quoted in footnote 14. While found to be inapplicable to the state proceeding there under consideration, its provisions were nevertheless deemed “relevant to note”. See also Sheer v. United States, 414 F. 2d 122 (5th Cir. 1969), cert. denied, 396 U.S. 946, 90 S.Ct. 387, 24 L. Ed.2d 249 (1969). The rule laid down in Lego, supra, interpretive of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), is that when a confession challenged as involuntary is sought to be used against a crim…