MCMORRIS

v.

BANKS

Citator

Cited By

• United States v. Chiantese, 560 F.2d 1244 (5th Cir. 1977)
  …bable consequences of his knowing acts. See also United States v. Anderson, 523 F. 2d 1192, 1197 (5th Cir. 1975). An instruction couched in Mann terms did not reappear until United States v. Durham, 512 F. 2d 1281, 1285-88 (5th Cir.), cert. denied, 423 U.S. 871, 96 S.Ct. 137, 46 L.Ed.2d 102 (1975). After reiterating the now decade of decisions critical of this sort of charge, we concluded that the Helms rationale was still alive, well, and controlling in Durham’s case. Before leaving the subject, however,…
• United States v. Lonsdale, 577 F.2d 923 (5th Cir. 1978)
  …t 50, 380 F. 2d at 597. See also Hiet v. United States, 124 U.S.App.D.C. 313, 365 F. 2d 504 (1966). Appellant maintains that this court has already adopted the Borum approach, citing United States v. Durham, 512 F. 2d 1281 (5th Cir.), cert. denied, 423 U.S. 871, 96 S.Ct. 137, 46 L.Ed.2d 102 (1975), and United States v. Griffin, 483 F. 2d 957 (5th Cir. 1973). We need not engage in post hoc characterization of those cases. In both instances, the court sustained convictions where the government had introduced…
• United States v. Panter, 688 F.2d 268 (5th Cir. 1982)
  …, Panter’s instruction did not cure it. Instructions must be consistent and not misleading. “[A] correct instruction does not cure the error in giving another inconsistent one.” United States v. Durham, 512 F. 2d 1281, 1286 (5th Cir.), cert. denied, 423 U.S. 871, 96 S.Ct. 137, 46 L.Ed.2d 102 (1975). This is clearly not a case where the alleged error was so insignificant that the instructions, read as a whole, were correct. See, e.g., Jordan v. Watkins, 681 F. 2d 1067, 1076 (5th Cir. 1982). Thus, we must ass…