FERRARI

v.

HENDERSON, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (25 total)

• United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985)
  …ndictment need not even contain a conspiracy count for evidence to be admitted under Rule 801(d)(2)(E). United States v. Kiefer, 694 F. 2d 1109, 1112 n. 2 (8th Cir. 1982); United States v. Richardson, 477 F. 2d 1280, 1283 (8th Cir.), cert. denied, 414 U.S. 843, 94 S.Ct. 104, 38 L.Ed.2d 82 (1973). As we indicate below, we are satisfied, from direct and circumstantial evidence, that the conspiracy functioned at least through the April 10, 1981, conversation. Darnall also suggests that Mil-burn’s remark o…
• United States v. Kirk, 534 F.2d 1262 (8th Cir. 1976)
  …Dutton v. Evans, 400 U.S. 74, 81, 91 S.Ct. 210, 215, 27 L.Ed.2d 213 (1970). [United States v. Nixon, 418 U.S. 683, 701, 94 S.Ct. 3090, 3104, 41 L.Ed.2d 1039, 1060 (1974).] Accord, United States v. Richardson, 477 F. 2d 1280 (8th Cir.) cert. denied, 414 U.S. 843, 94 S.Ct. 104, 38 L.Ed.2d 82 (1973). Of course, “there must be substantial, independent evidence of the conspiracy, at least enough to take the question to the jury.” Id. 418 U.S. at 701, n. 14, 94 S.Ct. at 3104, 41 L.Ed.2d at 1060. This court has…
• United States v. Green, 523 F.2d 229 (2d Cir. 1975)
  …sagree. The question of whether a witness qualifies as an expert is within the discretion of the trial judge. See, e. g., United States v. Burden, 497 F. 2d 385, 387 (8th Cir. 1974); United States v. Trice, 476 F. 2d 89, 91 (9th Cir.), cert. denied, 414 U.S. 843, 94 S.Ct. 103, 38 L.Ed.2d 81 (1973). At the time he testified Mr. Sommerford was employed as an examiner of questioned documents by the Bureau of Alcohol, Tobacco, and Firearms of the United States Treasury. -He had completed a study program in do…