MYERS

v.

BUTLER ET AL.

Citator

Cited By (68 total)

• United States v. Fleishman, 684 F.2d 1329 (9th Cir. 1982)
  …denied, 452 U.S. 920, 101 S.Ct. 3059, 69 L.Ed.2d 425 (1981); United States v. Lee, 589 F. 2d 980, 985 (9th Cir.), cert. denied, 444 U.S. 969, 100 S.Ct. 460, 62 L.Ed.2d 382 (1979); United States v. Kaplan, 554 F. 2d 958, 968 (9th Cir.), cert. denied, 434 U.S. 956, 98 S.Ct. 483, 54 L.Ed.2d 315 (1977). Green’s main contention is that he was unable to provide the jury with language that a conviction could not be justified on mere speculation or conjecture. The many instructions given stating that the jury must…
• United States v. Kenny, 645 F.2d 1323 (9th Cir. 1981)
  …court examines the instructions as a whole, rather than merely viewing the failure to give any one instruction. United States v. Sibley, 595 F. 2d 1162, 1165 (9th Cir. 1979); United States v. Kaplan, 554 F. 2d 958, 968 (9th Cir. 1977), cert. denied, 434 U.S. 956, 98 S.Ct. 483, 54 L.Ed.2d 315 (1978). We have examined the instructions given by the District Court, and we find them adequate viewed as a whole. As to the single/multiple conspiracy question, the instruction given specifically stated that “proof o…
• United States v. Ramirez, 710 F.2d 535 (9th Cir. 1988)
  …g his participation in the crimes charged.5 Both instructions were refused, and appellant contends that such refusal was reversible error. We disagree. The governing law was stated in United States v. Kaplan, 554 F. 2d 958 (9th Cir.), cert. denied, 434 U.S. 956, 98 S.Ct. 483, 54 L.Ed.2d 315 (1977): While it is clear that the trial judge must instruct the jury as to the defendant’s theory of the case, the instructions given need not be in the precise language requested by the defendant. The refusal to give…