MELNYCZENKO

v.

HEWITT, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (38 total)

• Gennero Galtieri v. Louie L. Wainwright, 582 F.2d 348 (5th Cir. 1978)
  …conclusion that Braver-man had been so effectively impeached “that little, if anything, remained of his credibility.” State v. Matera, 266 So. 2d 661, 665 (Fla.1972). See United States v. Washington, 550 F. 2d 320, 330 (5th Cir. 1977), cert. denied, 434 U.S. 841, 98 S.Ct. 138, 54 L.Ed.2d 105 (1977). In summary, there are a number of distinctions between this case and the Brady line of cases. Here, the omitted evidence was “discovered” during, not after, the trial. The trial judge, not the prosecutor, made…
• United States v. McPARTLIN, 595 F.2d 1321 (7th Cir. 1979)
  …dibility without regard to what was at most an oblique passing remark by the judge. Courts generally, and properly, decline to reverse in comparable situations. See, e. g., United States v. Cardall, 550 F. 2d 604, 606 (10th Cir. 1976), cert. denied, 434 U.S. 841, 98 S.Ct. 137, 54 L.Ed.2d 105 (1978); Gordon v. United States, 438 F. 2d 858, 862-63 (5th Cir.), cert. denied, 404 U.S. 828, 92 S.Ct. 63, 30 L.Ed.2d 56 (1971); United States v. Allen, 431 F. 2d 712, 712-13 (9th Cir. 1970); United States v. Wilkins,…
• United States v. Metz, 608 F.2d 147 (5th Cir. 1979)
  …hearsay under Fed.R. Evid. 801(dX2)(E). That rule permits the admission of a defendant’s coconspirators’ statements, if made in furtherance of a conspiracy and during its course. United States v. Smith, 550 F. 2d 277, 281 (5th Cir.), cert. denied, 434 U.S. 841, 98 S.Ct. 138, 54 L.Ed.2d 105 (1977). Because proof independent of the statements was sufficient in this case to establish a prima facie case of the conspiracy’s existence and Metz’s participation in it, the trial court properly admit [*154] ted t…