WEAVER

v.

CARSON ET AL.

Citator

Cited By (23 total)

• United States v. Flaherty, 668 F.2d 566 (1st Cir. 1981)
  …d States, 224 F. 2d 168, 170 (10th Cir. 1955). We have already adopted this test for evaluating comments by the prosecutor. Borodine v. Douzanis, 592 F. 2d 1202, 1210 (1st Cir. 1979); Lussier v. Gunter, 552 F. 2d 385, 389 (1st Cir.), cert. denied, 434 U.S. 854, 98 S.Ct. 171, 54 L.Ed.2d 124 (1977). Examining the two “Fundamental Princi [*600] pies,” we cannot say that they were intended or would be taken as comments on the failure to testify. The first principle, regarding the function of trial attorneys…
• United States v. Bufalino, 576 F.2d 446 (2d Cir. 1978)
  …ll in the future to elicit the express consent of all parties to any in-chambers juror interviews that may become necessary. Cf. United States v. Taylor, 562 F. 2d 1345, 1365 (2d Cir.), cert. denied, 432 U.S. 909, 97 S.Ct. 2958, 53 L.Ed.2d 1083 and, 434 U.S. 854, 98 S.Ct. 170, 54 L.Ed.2d 124 (1977). All three appellants also maintain that the Government failed to discharge its burden of establishing that the spectator “contacts” with the jurors did not affect the verdict. See Remmer v. United States, 347 U…
• Howie Ray Robinson v. Wade, 686 F.2d 298 (5th Cir. 1982)
  …ndant’s objection was not a matter of “imperious necessity,” id. at 811 citing Downum 83 S.Ct. at 1036, and that the double jeopardy clause consequently barred the fourth prosecution. And in Beecher v. Baxley, 549 F. 2d 974 (5th Cir.), cert. denied, 434 U.S. 854, 98 S.Ct. 171, 54 L.Ed.2d 124 (1977), this Court found a fourth prosecution for murder not to reflect the bad faith or harassment necessary to warrant issuance of injunctive relief from further state proceedings.…