ERNST

v.

UNITED STATES

Citator

Cited By (105 total)

• United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977)
  …wed the general rule that the judge should admit hearsay against a defendant if the judge finds enough independent, non-hearsay evidence to make a prima facie case of conspiracy. United States v. Johnson, 467 F. 2d 804 (1st Cir. 1972), cert. denied, 410 U.S. 909, 93 S.Ct. 963, 35 L.Ed.2d 270 (1973); see also United States v. Nixon, 418 U.S. 683, 701 n. 14 (1974). This standard makes sense when the jury has the last word; the judge should refuse to admit a co-conspirator’s hearsay only when no reasonable j…
• United States v. Dunn, 564 F.2d 348 (9th Cir. 1977)
  …d States, 336 U.S. 613, 618, 69 S.Ct. 766, 93 L.Ed. 919 (1949); United States v. Nunez, 483 F. 2d 453 (9th Cir.), cert. denied, 414 U.S. 1076, 94 S.Ct. 594, 38 L.Ed.2d 483 (1973); United States v. Bonnano, 467 F. 2d 14 (9th Cir. 1972), cert. denied, 410 U.S. 909, 93 S.Ct. 964, 35 L.Ed.2d 271 (1973). But the prosecution never established that any criminal conduct occurred or was contemplated with respect to the buoys and transformers despite repeated assurances to the District Court that such proof would be…
• United States v. Bailleaux, 685 F.2d 1105 (9th Cir. 1982)
  …yment. The Government argues that the evidence was independently admissible as evidence of conspiracy, modus operandi and identity under Federal Rule of Evidence 404(b). See United States v. Bonanno, 467 F. 2d 14, 17 (9th Cir. 1972), cert. denied, 410 U.S. 909, 93 S.Ct. 964, 35 L.Ed.2d 271 (1973) (evidence of prior illegal acts admissible to show material facts relating to conspiracy and to show that conspiracy was continuing along same lines); United States v. Oliphant, 525 F. 2d 505, 507 (9th Cir. 1975)…