KIRBY

v.

COX, PENITENTIARY SUPERINTENDENT

Citator

Cited By (15 total)

• Moore v. Illinois, 434 U.S. 220 (U.S. 1977)
  …ile the charges were read and the evidence against petitioner was recited, and that petitioner be seated with other people in the audience when the victim attempted an identification. See Allen v. Rhay, 431 F. 2d 1160, 1165 (CA9 1970), cert. denied, 404 U. S. 834 (1971). Counsel might have sought to cross-examine the victim to test her identification before it hardened. Cf. Haberstroh v. Montanye, 493 F. 2d 483, 485 (CA2 1974); United States ex rel. Riffert v. Rundle, 464 F. 2d 1348, 1351 (CA3 1972), cert. d…
• United States v. Oates, 560 F.2d 45 (2d Cir. 1977)
  …possession is merely sufficient to prove the crime charged. More particularly, in United States v. Galante, supra at [*56] 738, we relied upon and recognized the continuing authority of United States v. Sacco, 436 F. 2d 780 (2d Cir.), cert. denied, 404 U.S. 834, 92 S.Ct. 116, 30 L.Ed.2d 64 (1971). In Sacco, where the indictment charged conspiracy to transport stolen goods in interstate commerce, we ruled that automatic standing did not exist, apparently because “[p]roof of possession would have been insu…
• United States v. Peters, 791 F.2d 1270 (7th Cir. 1986)
  …use to use the language submitted by counsel.’ ” United States v. Zarattini, 552 F. 2d 753, 759 (7th Cir.), cert. denied, 431 U.S. 942, 97 S.Ct. 2661, 53 L.Ed.2d 262 (1977) (quoting United States v. Sacco, 436 F. 2d 780, 783 (2d Cir.), cert. denied, 404 U.S. 834, 92 S.Ct. 116, 30 L.Ed.2d 64 (1971)). Considering the instruction on this issue as a whole, we do not find the instruction “prejudicially erroneous.” United States v. Shaffner, 524 F. 2d 1021, 1023 n. 2 (7th Cir.1975), cert. denied, 424 U.S. 920, 96…