POSEY

v.

CALIFORNIA

Citator

Cited By (11 total)

• United States v. Ghassan L. Ammar, 714 F.2d 238 (3d Cir. 1983)
  …, multi-defendant conspiracy trial) impairs that strategy. [*268] I. To understand the screening function of the trial judge, it is helpful to refer to Judge Friendly’s opinion in United States v. Geaney, 417 F. 2d 1116 (2d Cir.1969), cert. denied, 397 U.S. 1028, 90 S.Ct. 1276, 25 L.Ed.2d 539 (1970), which was adopted by this Court in United States v. Bey, 437 F. 2d 188 (3d Cir.1971), and its progeny, including Continental Group. Judge Friendly started with the proposition established in a number of opinion…
• United States v. Margiotta, 688 F.2d 108 (2d Cir. 1982)
  …the hearsay utterances. See, e.g., United States v. Cambindo-Valencia, 609 F. 2d 603, 630 (2d Cir. 1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 795 (1980); United States v. Geaney, 417 F. 2d 1116, 1120 (2d Cir. 1969), cert. denied, 397 U.S. 1028, 90 S.Ct. 1276, 25 L.Ed.2d 539 (1970). In this case, sufficient evidence independent of the challenged hearsay statements established that a conspiracy existed, that it was in existence at the time the statement was made, that the declarations wer…
• United States v. Alphonse Cirillo, 499 F.2d 872 (2d Cir. 1974)
  …of wow-hearsay evidence that the latter was a party to the conspiracy. See Glasser v. United States, 315 U.S. 60, 74, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Geaney, 417 F. 2d 1116 (2d Cir.), cert. denied sub nom. Lynch v. United States, 397 U.S. 1028, 90 S.Ct. 1276, 25 L.Ed.2d 539 (1969). Otherwise, a defendant could be convicted solely on the basis of hearsay evidence which he had had no opportunity to impeach or refute. See Flintkote Co. v. Lysfjord, 246 F. 2d 368, 387 (9th Cir.), cert. denied…