BRIGHTWELL
v.
UNITED STATES

U.S. | 1977-10-03
No. 77-5121
434 U.S. 867 Supreme Court of the United States (1977) Positive Treatment
Cited by 19 cases

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Citator

Cited By (18 total)

  • United States v. Figueroa, 618 F.2d 934 (2d Cir. 1980)
    …instructions in the overall Rule 403 determination. Some cases have gone far toward assuming that the trial court tacitly made the balance required by Rule 403. See, e. g., United States v. Hayes, 553 F. 2d 824, 828 [*944] (2d Cir.), cert. denied, 434 U.S. 867, 98 S.Ct. 204, 54 L.Ed.2d 143 (1977). No such assumption can be made here where the trial court explicitly identified as the “sole question” the “probative value” of the evidence. Erroneous admission of a defendant’s prior conviction normally warra…
  • United States v. Mohammad Reza Mehrmanesh, 689 F.2d 822 (9th Cir. 1982)
    …not present any facts demonstrating that this particular conviction actually involved fraud or deceit, such as false statements on customs forms. See Glenn, 667 F. 2d at 1273; United States v. Hayes, 553 F. 2d 824, 827 — 28 (2d Cir.), cert. denied, 434 U.S. 867, 98 S.Ct. 204, 54 L.Ed.2d 143 (1977).13 The only documents before the District Court were the information which merely tracked the language of the statute, and the order of probation entered upon Mehrmanesh’s guilty plea. With nothing more than the…
    1 / 2
  • United States v. Pedroza, 750 F.2d 187 (2d Cir. 1984)
    …n the basis of the defendant’s failure to testify, see United States v. Washington, 746 F. 2d 104, 105-06 (2d Cir.1984); United States v. Vanderbosch, 610 F. 2d 95 (2d Cir.1979); United States v. Hayes, 553 F. 2d 824, 826-28 (2d Cir.), cert. denied, 434 U.S. 867, 98 S.Ct. 204, 54 L.Ed.2d 143 (1977), and we follow that practice here. Fed.R.Evid. 609(a)(1) vests broad discretion in the trial judge to admit, for purposes of impeachment, evidence that the witness has been convicted within ten years of the time…

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