BROWN

v.

MOSELEY, WARDEN

Citator

Cited By

• United States v. Rodriguez, 585 F.2d 1234 (5th Cir. 1978)
  …agnano, 2 Cir. 1976, 543 F. 2d 431, 437, cert. denied, 1977, 429 U.S. 1091, 97 S.Ct. 1101, 51 L.Ed.2d 536; United States v. Fallen, 8 Cir. 1974, 498 F. 2d 172, 177; United States v. Christy, 6 Cir. 1971, 444 F. 2d 448, 450 — 451, cert. denied, 1971, 404 U.S. 949, 92 S.Ct. 293, 30 L.Ed.2d 266; United States v. Aiken, 2 Cir. 1967, 373 F. 2d 294, 299, cert. denied, 1967, 389 U.S. 833, 88 S.Ct. 32, 19 L.Ed.2d 93. See also United States v. Gratton, 7 Cir. 1975, 525 F. 2d 1161, 1162, and United States v. Atkins,…
• United States v. Aitken, 755 F.2d 188 (1st Cir. 1985)
  …denied, 340 U.S. 917, 71 S.Ct. 350, 95 L.Ed. 662 (1951), we approved a jury instruction that wilfulness was not proven where defendant was negligent or even grossly negligent. In United States v. Couming, 445 F. 2d 555, 557 (1st Cir.), cert. denied, 404 U.S. 949, 92 S.Ct. 291, 30 L.Ed.2d 266 (1971), a prosecution for knowing failure to possess a draft registration certificate, we described wilfulness as not necessarily requiring an “evil” motive but as applying to one who “deliberately refrained from comply…
• United States v. Hancho C. KIM, 595 F.2d 755 (D.C. Cir. 1979)
  …e remark was manifestly intended or was “of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.” United States v. White, 444 F. 2d 1274, 1278 (5th Cir. 1971), cert. denied, 404 U.S. 949, 92 S.Ct. 300, 30 L.Ed.2d 266 .. . (1971). The prosecutor’s remarks do not meet this test. His comment referred to the payment of hush money. There was no explicit reference to the defendant’s failure to testify, and we do not believe that the pros…