MAFFEI
v.
UNITED STATES

U.S. | 1972-05-15
No. 71-6176
406 U.S. 938 Supreme Court of the United States (1972) Positive Treatment
Cited by 8 cases
Dissent
Me. Justice Douglas,

Mr. Justice Douglas,

dissenting.

Seven courts of appeals, including the court below, have held that a federal defendant who presents evidence in his behalf thereby waives any error in a prior denial of a motion for acquittal made at the close of the Government’s case. United States v. Haskell, 327 F. 2d 281, 282, n. 2 (CA2); United States v. Feldman, 425 F. 2d 688, 692 (CA3); United States v. Cashio, 420 F. 2d 1132, 1134 (CA5); United States v. Carabbia, 381 F. 2d 133, 138 (CA6); Cline v. United States, 395 F. 2d 138, 144 (CA8); Viramontes-Medina v. United States, 411 F. 2d 981, 982 (CA9); United States v. Greene, 442 F. 2d 1285, 1286-1287, n. 3 (CA10). Two other courts of appeals, however, have held that presentation of a defense is not a waiver. United States v. Rizzo, 416 F. 2d 734, 736 n. 3 (CA7); Cephus v. United States, 117 U. S. App. D. C. 15, 324 F. 2d 893. I would grant this petition to resolve the conflict. Rule 19 (1) (b) of the Rules of this Court.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Ambrose, 483 F.2d 742 (6th Cir. 1973)
    …al of his motion, although by renewing the motion at the close of all the proofs, he preserved the question of the sufficiency of the evidence on the record taken as a whole, United States v. Maffei, 450 F. 2d 928, 930 (6th Cir. 1971), cert. denied, 406 U.S. 938, 92 S.Ct. 1789, 32 L.Ed.2d 138 (1972). Second, in considering whether sufficient evidence supports the jury’s verdict, we do not decide whether the Government has proved the defendant guilty beyond a reasonable doubt; our role is limited to a deter…
  • United States v. van Dyke, 605 F.2d 220 (6th Cir. 1979)
    …dant did not renew the motion at the close of all of the evidence. This constituted a waiver of his objection to the denial of his motion for judgment of acquittal on that ground. United States v. Maffei, 450 F. 2d 928 (6th Cir. 1971), cert. denied, 406 U.S. 938, 92 S.Ct. 1789, 32 L.Ed.2d 138 (1972). [*226] II Appellant next argues that he was denied his sixth amendment right to a speedy trial. Pre-trial proceedings were conducted 214 days after Appellant’s arraignment. The trial commenced 362 days after a…
  • United States v. Kilcullen, 546 F.2d 435 (1st Cir. 1976)
    …tates, 320 F. 2d 459 (10th Cir. 1963), cert. denied, 375 U.S. 966, 84 S.Ct. 483, 11 L.Ed.2d 415 (1964); Jasso v. United States, 290 F. 2d 671 (5th Cir.), cert. denied, 368 U.S. 858, 82 S.Ct. 97, 7 L.Ed.2d 55 (1961); see also Maffei v. United States; 406 U.S. 938, 92 S.Ct. 1789, 32 L.Ed.2d 138 (1972) (Douglas, J., dissenting from the denial of certiorari); United States v. Calderon, 348 U.S. 160, 164 n.1, 75 S.Ct. 186, 99 L.Ed. 202 (1954); 2 C. Wright, Federal Practice and Procedure § 463 (1969). Kilcullen…

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