BAKER

v.

ATKINS, ACTING WARDEN

Citator

Cited By (44 total)

• United States v. Patrick, 542 F.2d 381 (7th Cir. 1976)
  …v. Seale, 461 F. 2d 345, 368 (7th Cir. 1972). Other courts have held that the — words “bad purpose” are not a mandatory element of a jury charge defining wilfulness. See e. g., Cooley v. United States, 501 F. 2d 1249 (9th Cir. 1974), cert. denied, 419 U.S. 1123, 95 S.Ct. 809, 42 L.Ed.2d 824 (1975); United States v. Malinowski, 472 F. 2d 850, 855 (3rd Cir.), cert. denied, 411 U.S. 970, 93 S.Ct. 2164, 36 L.Ed.2d 693 (1973). In viewing the instructions given herein, we believe the jury was properly advised th…
• United States v. DiGILIO, 538 F.2d 972 (3d Cir. 1976)
  …hat we can enforce a suppression remedy for the abuse of Rule 17 process. Congress has decreed in 18 U.S.C. § 3501 that all “voluntary” confessions shall be admissible. In United States v. Crook, 502 F. 2d 1378, 1380-81 (3d Cir. 1974), cert. denied, 419 U.S. 1123, 95 S.Ct. 808, 42 L.Ed.2d 823 (1975), we held that once the issue of voluntariness was resolved in the government’s favor, the court lacked any supervisory authority to suppress a statement. Thus disposition of the suppression motion properly turns…
• United States v. Garber, 607 F.2d 92 (5th Cir. 1979)
  …er the state of the law. “Obviously, it would be most confusing to a jury to have legal material introduced as evidence and then argued as to what the law is or ought to be.” Cooley v. United States, 9 Cir., 1974, 501 F. 2d 1249, 1254, cert, denied, 419 U.S. 1123, 95 S.Ct. 809, 42 L.Ed.2d 824 (1975). The jury is not composed of lawyers; the typical juror is untrained in legal affairs. To attempt to explain the myriad rules of judicial construction, the complexity of legal principles, or the function of prece…

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