F. EBERSTADT & CO., INC., ET AL.

v.

TANNENBAUM ET AL.

Citator

Cited By (22 total)

• United States v. Ochs, 595 F.2d 1247 (2d Cir. 1979)
  …Practice (112.03[2] (1978 ver.). Furthermore, it is well-settled in this circuit that the “harmless error” doctrine, F.R.Cr.P. 52(a), applies in cases of misjoinder. See, e. g., United States v. Turbide, 558 F. 2d 1053, 1061 (2 Cir.), cert, denied, 434 U.S. 934, 98 S.Ct. 421, 54 L.Ed.2d 293 (1977); United States v. Granello, 365 F. 2d 990, 995 (2 Cir. 1966), cert. denied, 386 U.S. 1019, 87 S.Ct. 1367, 18 L.Ed.2d 458 (1967). Misjoinder is typically found harmless where evidence tending to prove the charge…
• United States v. Bledsoe, 674 F.2d 647 (8th Cir. 1982)
  …ld still have introduced evidence of these sales by Phillips as evidence of “similar acts” under Rule 404.14 My reasoning here is identical to that used by the Second Circuit in United States v. Turbide, 558 F. 2d 1053, 1061 (2d Cir.), cert. denied, 434 U.S. 934, 98 S.Ct. 421, 54 [*677] L.Ed.2d 293 (1977). Perhaps the hour has come for some definitive guidance by the Supreme Court on the proper interpretation of rule 8(b) or an en banc consideration of the question by our court. For these reasons I would a…

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• United States v. Valencia, 609 F.2d 603 (2d Cir. 1979)
  …n only a small proportion of the evidence, and who are linked with only one or two of their co-defendants.”); C. Wright, Federal Practice and Procedure, § 227, at 470 (1969). See also United States v. Turbide, 558 F. 2d 1053 (2d Cir.), cert. denied, 434 U.S. 934, 98 S.Ct. 421, 54 L.Ed.2d 293 (1977); Note, Harmless Error and Misjoinder Under the Federal Rules of Criminal Procedure: A Narrowing Division of Opinion, 6 Hofstra L.Rev. 533 (1978). Appellant Cambindo was charged with four specific instances of cr…