ALLEN

v.

WORRALL

Citator

Cited By (22 total)

• United States v. Rigoberto Moya-Gomez, 860 F.2d 706 (7th Cir. 1988)
  …or the prosecution to include it in the indictment. See United States v. Williams, 739 F. 2d 297, 299 (7th Cir.1984); United States v. Clark, 541 F. 2d 1016, 1018 (4th Cir.1976); United States v. Wilkerson, 456 F. 2d 57, 59 (6th Cir.), cert. denied, 408 U.S. 926, 92 S.Ct. 2506, 33 L.Ed.2d 337 (1972). In this case, the government intended to use the alias for identification purposes. Apparently, the government hoped to connect Mr. Herrera to the conspiracy, at least in part, through the documentary evidence…
• United States v. Ramirez, 710 F.2d 535 (9th Cir. 1988)
  …4 F. 2d 39, 41 (4th Cir.1979). Thus it has been invoked to strike aliases from indictments where the alias was not relevant to the issue of the defendant’s identification, see, e.g., United States v. Wilkerson, 456 F. 2d 57 (6th Cir.), cert. denied, 408 U.S. 926, 92 S.Ct. 2507, 33 L.Ed.2d 337 (1972), and to strike prejudicial language describing the nature of a prior felony conviction (carrying a handgun) from an indictment charging defendant with possession of a firearm by a previously convicted felon, e.g…
• United States v. Cowden, 545 F.2d 257 (1st Cir. 1976)
  …name was prejudicial surplusage. It is best to [*268] avoid the use of an alias particularly where, as here, there seems to be no relevant purpose for including it in the indictment. United States v. Wilkerson, 456 F. 2d 57 (6th Cir.), cert. denied, 408 U.S. 926, 92 S.Ct. 2506, 33 L.Ed.2d 337 (1972). The possibility of prejudice here, however, was cured by the district court’s taping over of the alias, xeroxing the indictment with the alias thus deleted, and giving the jury only the xerox copy. Lastly, Co…