SWAIN

v.

NORTH CAROLINA

Citator

Cited By

• United States v. Evans, 484 F.2d 1178 (2d Cir. 1973)
  …other circumstances, such as the scope and adequacy of defense counsel’s cross-examination and summation, to justify its omission. United States v. Barber, supra, 442 F. 2d, at 528; United States v. Moss, 410 F. 2d 386 (3rd Cir., 1969), cert. den., 396 U.S. 993, 90 S.Ct. 488, 24 L.Ed.2d 455 (1969); United States v. Shelvy, 148 U.S.App.D.C. 1, 458 F. 2d 823 (1972); United States v. Fernandez (I), supra, 456 F. 2d 638 (2d Cir., 1972). As Judge Friendly said in the first Fernandez case, supra, at 643-644: Wh…
• United States v. Sebetich, 776 F.2d 412 (3d Cir. 1985)
  …no obligation to stage a line-up. See United States v. Archibald, 734 F. 2d 938, 941 (2d Cir.1984); United States ex rel. Clark v. Fike, 538 F. 2d 750, 755-56 (7th Cir.1976) (citing United States v. Moss, 410 F. 2d 386, 387 (3d Cir.), cert. denied, 396 U.S. 993, 90 S.Ct. 488, 24 L.Ed.2d 455 (1969)). However, the Second Circuit has expressed concern over the possible suggestiveness of in-eourt identification procedures. Archibald, 734 F. 2d at 941-42; see also United States v. Brown, 699 F. 2d 585, 593-94 (…
• United States v. Goble, 512 F.2d 458 (6th Cir. 1975)
  …isted in Count 28 as being the one stolen by defendant Shirk. Appellant Byrd argues that there was no evidence that he had transported the vehicle in interstate commerce, but in United States v. Johnson, 412 F. 2d 787 (6th Cir. 1969), cert. denied, 396 U.S. 993, 90 S.Ct. 489, 24 L.Ed.2d 456 (1969), an automobile theft case, this Court said: “Although the only evidence of appellant’s guilt is circumstantial, appellee contends, and appellant concedes, that recent unexplained possession by a defendant of a s…