ENRIQUEZ

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By

• United States v. Ilija Zabic and Ivan Siprak, 745 F.2d 464 (7th Cir. 1984)
  …that originated out-of-state and were to be sold in interstate commerce); Sweet, 548 F. 2d at 200-02 (commercial building contained inventory that originated from out-of-state); United States v. Corbo, 555 F. 2d 1279, 1282 (5th Cir.), cert, denied, 434 U.S. 928, 98 S.Ct. 413, 54 L.Ed.2d 287 (1977) (commercial building housed bookstore that received out-of-state materials). Defendant Zabic next contends that the trial court judge improperly admitted evidence of his “flight” to Florida for the sole purpose…
• Quigg v. Crist, 616 F.2d 1107 (9th Cir. 1980)
  …NDARD OF REVIEW The district court below held an evidentiary hearing to evaluate Quigg’s claim for relief. Its findings may not be overturned unless we find them to be “clearly erroneous.” Greenfield v. Gunn, 556 F. 2d 935 (9th Cir.), cert. denied, 434 U.S. 928, 98 S.Ct. 413, 54 L.Ed.2d 288 (1977). IV. SILENCE AS TO ALIBI In a criminal prosecution, it is an error of constitutional proportions to admit evidence that a defendant chose to exercise the right to remain silent after arrest. Doyle v. Ohio, 426…
• United States v. Erasmo Corral-Martinez, 592 F.2d 263 (5th Cir. 1979)
  …light of the strong evidence of Erasmo’s guilt any possible prejudicial error was rendered harmless by the court’s sua sponte instruction and his further caution in the general charge. United States v. Corbo, 555 F. 2d 1279 (5th Cir.), cert. denied, 434 U.S. 928, 98 S.Ct. 413, 54 L.Ed.2d 287 (1977). VI. Jury Instruction Regarding Knowledge. The final point of appeal involves the Model Penal Code definition of “knowingly” that was used in instructing the jury. The challenged language allows the required el…