WHEELER

v.

NEW JERSEY

Citator

Cited By

• United States v. Mendel, 746 F.2d 155 (2d Cir. 1984)
  …be attributed to them by defendants on appeal. When that is true, a reversal on the ground that they did could be nothing more than a reward for adroit gamesmanship. See United States v. Van Meerbeke, 548 F. 2d 415, 418 (2d Cir.1976), cert. denied, 430 U.S. 974, 97 S.Ct. 1663, 52 L.Ed.2d 368 (1977). In the present case, however, the conclusion is compelled that the pronouncements of the trial court so prejudiced Mendel’s defense as to have constituted denial of the fair trial mandated by the Constitution.…
• United States v. Runge, 593 F.2d 66 (8th Cir. 1979)
  …of trial, that the evidence is material to issues at the trial, and that the evidence is likely to produce an acquittal on retrial (must not be merely cumulative or impeaching). United States v. Carter, 549 F. 2d 1164, 1165 (8th Cir.), cert. denied, 430 U.S. 974, 97 S.Ct. 1665, 52 L.Ed.2d 369 (1977); United States v. Kahn, 472 F. 2d 272, 287 (2d Cir.), cert. denied, 411 U.S. 982, 93 S.Ct. 2270, 36 L.Ed.2d 958 (1973). The court held that although the evidence was discovered after trial, was discovered after…
• United States v. Wynde, 579 F.2d 1088 (8th Cir. 1978)
  …l. [Citations omitted.] See also United States v. Easter (C.A.8, 1977) 552 F. 2d 230, 235, cert. denied, 434 U.S. 844, 98 S.Ct. 145, 54 L.Ed.2d 109 (1977); United States v. Carter (C.A.8, 1977) 549 F. 2d 1164, cert. denied, Carter v. United States, 430 U.S. 974, 97 S.Ct. 1665, 52 L.Ed.2d 369 (1977). The grant or denial of. a motion for a new trial is within the discretion of the trial court and will not be upset on appeal unless there has been an abuse of that discretion. United States v. Easter, supra, 1.…