PRESTON

v.

UNITED STATES

Citator

Cited By (34 total)

• 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…
• United States v. Smith, 546 F.2d 1275 (5th Cir. 1977)
  …rmissibly suggestive” picture spread requires the exclusion of any in-court identification for which there was a “substantial likelihood of irreparable misidentification”. United States v. Sutherland, 5 Cir. 1970, 428 F. 2d 1152, 1155, cert. denied, 409 U.S. 1078, 93 S.Ct. 698, 34 L.Ed.2d 668. In United States v. Henderson, 5 Cir. 1973, 489 F. 2d 802, 805, cert. denied, 417 U.S. 913, 94 S.Ct. 2612, 41 L.Ed.2d 217, the Court determined that under Sutherland the Simmons standard becomes a two-step test: [t]h…