PRESSEL

v.

OREGON

Citator

Cited By (39 total)

• United States v. Polizzi, 500 F.2d 856 (9th Cir. 1974)
  …nformation is but a formal method of accusing a defendant of a crime. It is not evidence of any kind against the accused.” Reporter’s Transcript, Vol. 43, pp. 8736-8737. . In United States v. Steed, 465 F. 2d 1310, 1316 (9 Cir. 1972), cert. denied, 409 U.S. 1078, 93 S.Ct. 697, 34 L.Ed.2d 667 (1972), the trial court sent the indictment to the jury room upon the request of the jury during its deliberations. Despite the objections of both counsel, the court held that decision was within its discretion. Counsel…
• Moore v. United States, 598 F.2d 439 (5th Cir. 1979)
  …enary evidentiary hearing on the matter). Such a belatedly raised issue may be considered in special situations. As explained in United States v. Sutherland, 5 Cir. 1970, 428 F. 2d 1152, 1158, appeal after remand, 1972, 463 F. 2d 641, cert. denied, 409 U.S. 1078, 93 S.Ct. 698, 34 L.Ed.2d 668, in which the court refused to consider a new issue presented by the government in its petition for rehearing: The point was not raised in the court below nor has it been previously raised in [*442] this court. Having…
• United States v. Eley, 723 F.2d 1522 (11th Cir. 1984)
  …erstate 75. A false explanatory statement may be viewed by a jury as substantive evidence tending to prove guilt. United States v. Holbert, 578 F. 2d 128, 129 (5th Cir.1978); United States v. Sutherland, 463 F. 2d 641, 647 (5th Cir.), cert. denied, 409 U.S. 1078, 93 S.Ct. 698, 34 L.Ed.2d 668 (1972); Andrews v. United States, 157 F. 2d 723, 724 (5th Cir.1946). “When a defendant voluntarily and intentionally offers an explanation and this explanation is later shown to be false, the jury may consider whether t…