KUHN

v.

UNITED STATES

Citator

Cited By

• Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
  …ed this reason for appellate reversals, at least two district court of appeal opinions have attempted to establish this as a basis for reversal. In Sosa v. Maxwell, 234 So. 2d 690 (Fla. 2d DCA), cert. denied, 240 So. 2d 640 (Fla.1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1635, 29 L.Ed.2d 121 (1971), the district court sought to characterize this Court’s prior reversal of a murder conviction as being based on lack of evidentiary weight. The district court attempted to avoid the growing trend it recognized…
• State v. Delbert Lee Tibbs, 370 So. 2d 386 (Fla. 2d DCA 1979)
  …injustice will result if not granted.” State v. Coles, 91 So. 2d 200 at 202 (Fla.1956). This standard of review was recognized by this court in Sosa v. Maxwell, 234 So. 2d 690 (Fla.2d DCA 1970), cert. denied, 240 So. 2d 640 (Fla.1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1635, 29 L.Ed.2d 121 (1971). After the Supreme Court reversed the convictions of Greene and Sosa and remanded for new trial, the defendants filed in this court a suggestion for writ of prohibition seeking to prohibit a retrial for murder i…
• United States v. Franks, 511 F.2d 25 (6th Cir. 1975)
  …ial of a severance, however, is reversible only for an abuse of discretion. United States v. Demetre, 461 F. 2d 971 (6th Cir. 1972); United States v. Martinez, 428 F. 2d 86 (6th Cir.), cert. denied, 400 U.S. 881, 91 S.Ct. 125, 27 L.Ed.2d 119 (1970), 402 U.S. 951 (1971); United States v. Morgan, 394 F. 2d 973 (6th Cir.), cert. denied, 393 U.S. 942, 89 S.Ct. 310 (1968). Franks and Britton primarily claim undue prejudice in that the government was allowed to attempt to prove that Mitchell conspired to kill a…

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