MASELLI

v.

UNITED STATES

Citator

Cited By (56 total)

• United States v. Whaley, 830 F.2d 1469 (7th Cir. 1987)
  …vindictiveness following a mistrial presently before us does present a newly-raised question of law free from factual ambiguity, and thus is properly before this court. (See, e.g., United States v. Lewis, 484 F. 2d 734, 738 (7th Cir.), cert. denied, 414 U.S. 1070, 94 S.Ct. 582, 38 L.Ed.2d 476 (1973), which reached one contention but refused two others under the plain error doctrine.) Other appellate courts have considered the addition of charges in a superseding indictment after mistrial to be a possible vio…
• United States v. Cravero, 545 F.2d 406 (5th Cir. 1976)
  …served in the process of committing a crime. Compare text at note 39 infra. . Accord, McGeehan v. Wainwright, 526 F. 2d 397, 399-400 (5th Cir. 1976) (per curiam) (surveying cases); United States v. Looney, 481 F. 2d 31, 33 (5th Cir.), cert. denied, 414 U.S. 1070, 94 S.Ct. 581, 38 L.Ed.2d 476 (1973) (in addition to a threat to safety, the agents must be looking for dangerous people, not things). . Something found in the living room in plain view would not have been admissible because the officers’ presence…
• United States v. Terry, 702 F.2d 299 (2d Cir. 1983)
  …vidence in the case, follow the law as stated by the Court and reach a just verdict regardless of the consequences.” This charge has been approved by us as “standard” and proper, United States v. Ramirez, 482 F. 2d 807, 816 (2d Cir.), cert. denied, 414 U.S. 1070, 94 S.Ct. 581, 38 L.Ed.2d 475 (1973). In contrast to the “community impact” instruction, it directs the jury not to consider public opinion. See I J. Devitt & C. Blackmar, Federal Jury Practice and Instructions, § 11.03, at 293 (3d ed. 1977). . Fed…