BIRBECK

v.

CALIFORNIA

Citator

Cited By (47 total)

• United States v. Cook, 608 F.2d 1175 (9th Cir. 1979)
• United States v. Tille, 729 F.2d 615 (9th Cir. 1984)
  …rested, he carried the name and address of a Seattle criminal defense attorney. Id. The probative value of flight evidence depends on all of the circumstances and is a jury question. Shorter v. United States, 412 F. 2d 428 (9th Cir.), cert. denied, 396 U.S. 970, 90 S.Ct. 454, 24 L.Ed.2d 436 (1969). The evidence of Tille’s flight was properly admitted and the flight instruction was appropriate. The evidence was sufficient to permit an inference of knowledge of the crime at issue. B. Severance Tille argues…
• United States v. Germaine Haili, 443 F.2d 1295 (9th Cir. 1971)
  …doubt whether Haili could even rely upon the rule in light of his decision not to testify. In any event, this circuit has consistently refused to follow the Luck rule. See, e. g., Shorter v. United States, 412 F. 2d 428 (9th Cir. 1969), cert. denied 396 U.S. 970, 90 S.Ct. 454, 24 L.Ed.2d 436 (1969). f. The statutory presumption of illegal importation. This circuit has repeatedly held that the giving of the presumption instruction declared unconstitutional in Leary v. United States, 395 U.S. 6, 89 S.Ct. 15…