JOHNSON

v.

UNITED STATES

Citator

Cited By (22 total)

• United States v. West, 670 F.2d 675 (7th Cir. 1982)
  …rejudicial as to amount to plain error. Fed.R.Crim.Pro. 52; United States v. Spain, 536 F. 2d 170, 174 (7th Cir.), cert. denied, 429 U.S. 833, 97 S.Ct. 96, 50 L.Ed.2d 97 (1976); United States v. Grooms, 454 F. 2d 1308, 1312 (7th Cir.), cert. denied, 409 U.S. 858, 93 S.Ct. 141, 34 L.Ed.2d 103 (1972). A United States Attorney “may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.” Berger v. United States, 295 U.S. 78…
• United States v. Turkish, 623 F.2d 769 (2d Cir. 1980)
  …States v. Taylor, 562 F. 2d 1345, 1361 (2d Cir.), cert. denied, 432 U.S. 909, 97 S.Ct. 2958, 53 L.Ed.2d 1083 (1977); United States v. Jones, 487 F. 2d 676, 679 (9th Cir. 1973); United States v. Grooms, 454 F. 2d 1308, 1311 (7th Cir.), cert. denied, 409 U.S. 858, 93 S.Ct. 141, 34 L.Ed.2d 104 (1972). Secondly, Judge Broderick carefully considered the expected testimony of the witnesses sought to be immunized and concluded that none of them would provide material, exculpatory evidence. Their testimony would…
• United States v. Splain, 545 F.2d 1131 (8th Cir. 1976)
  …nclusion that the prosecutor’s comment, while error, did not affect the substantial rights of Splain or effect a miscarriage of justice. Therefore, there was no plain error. United States v. Grooms, 454 F. 2d 1308, 1312-13 (7th Cir.), cert. denied, 409 U.S. 858, 93 S.Ct. 141, 34 L.Ed.2d 103 (1972); see Kotteakos v. United States, 328 U.S. 750, 764-65, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946).4 We, therefore, conclude that the comments of the prosecutor did riot prejudice Splain and mandate reversal of his conv…