POPEKO

v.

UNITED STATES

Citator

Cited By (30 total)

• Brannan v. State, 383 So. 2d 234 (Fla. 1st DCA 1979)
  …ge denied the motion to dismiss and the cause was set for trial. Jeopardy attaches when a criminal trial commences before a jury, United States v. Spinella, 506 F. 2d 426 (5th Cir. 1975), rehearing denied 515 F. 2d 510 (5th Cir. 1976), cert. denied 423 U.S. 917, 96 S.Ct. 227, 46 L.Ed.2d 147 (1976), and a trial before a jury commences when the jury has been selected and sworn, Bell v. Wainwright, 476 F. 2d 964 (5th Cir. 1973), cert. [*235] denied 414 U.S. 1000, 94 S.Ct. 352, 38 L.Ed.2d 235 (1973). Accordin…
• United States v. Patrick, 542 F.2d 381 (7th Cir. 1976)
  …refore that “bad purpose” is a necessary element of the willfulness instruction. It is axiomatic that in determining the propriety of instructions they are to be viewed as a whole. United States v. Brown, 518 F. 2d 821, 826 (7th Cir.), cert. denied 423 U.S. 917, 96 S.Ct. 225, 46 L.Ed.2d 146 (1975); United States v. Johnson, 515 F. 2d 730, 732-33 n.7 (7th Cir. 1975). As long as the instructions treat the issues fairly and adequately they will not be interfered with on appeal. United States v. Isaacs, 493 F.…
• Parke v. Raley, 506 U.S. 20 (U.S. 1992)
  …suasion” is justified “in view of misgivings inherent in ‘collateral proceedings that seek to probe murky memories.’” Simmons, 877 F. 2d, at 1277 (quoting Boykin, 395 U. S., at 244); see also Roddy v. Black, 516 F. 2d 1380, 1384 (CA6), cert. denied, 423 U. S. 917 (1975). Respondent, in support of the Sixth Circuit’s heightened standard, reiterates his arguments regarding the importance of the constitutional rights at stake and the government’s position relative to the defendant’s. Our analysis of this que…