BEYER
v.
MANCUSI, WARDEN

U.S. | 1971-06-21
No. 6855
403 U.S. 933 Supreme Court of the United States (1971) Negative Treatment
Cited by 65 cases

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Cited By (65 total)

  • …on and experience. See Funk v. United States, 290 U.S. 371, 54 S.Ct. 212, 78 L.Ed. 369 (1933); Wolfle v. United States, 291 U.S. 7, 54 S.Ct. 279, 78 L.Ed. 617 (1934); United States v. Woodall, 438 F. 2d 1317 (5th Cir. 1970) (en banc), cert. denied, 403 U.S. 933, 91 S.Ct. 2262, 29 L.Ed.2d 712.19 We have nevertheless, reviewed the specific rulings cited by appellants and find nothing serious enough to require consideration as a basis for reversal. Evidence as to acts occurring prior to October 15, 1970, in…
  • …on behalf of a client. At the outset, we agree with the parties that the question is gov [*670] erned in this circuit by a federal common law of criminal evidence. United States v. Woodall, 5 Cir. 1970, 438 F. 2d 1317, 1327 (en banc), cert. denied, 403 U.S. 933, 91 S.Ct. 2262, 29 L.Ed.2d 712 (1971). Under F.R.Crim.P. 26, the principles of the common law, “as they may be interpreted by the courts of the United States in the light of reason and experience,” govern over state law in matters of evidence, which…
  • United States v. Valencia, 609 F.2d 603 (2d Cir. 1979)
    …ephone number was admissible as a past recollection recorded under Fed.R.Evid. 803(5), an admission that does not involve deprivation of the right of Sixth Amendment confrontation, United States v. Smalls, 438 F. 2d 711, 714 (2d Cir.), cert. denied, 403 U.S. 933, 91 S.Ct. 2261, 29 L.Ed.2d 712 (1971). Furthermore, the telephone request form itself was properly admitted as secondary evidence under Fed.R.Evid. 1004(1), since there is no suggestion that the Government agents lost or destroyed the original docum…

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