DILLINGHAM

v.

UNITED STATES

Citator

Cited By

• Rennie v. Klein, 653 F.2d 836 (3d Cir. 1981)
  …curate and reliable basis for the staff’s judgment as to whether the patient poses a danger to himself or to others and whether he is capable of making a rational treatment decision. See Cruz v. Ward, 558 F. 2d 658, 662 (2d Cir. 1977), cert. denied, 434 U.S. 1018, 98 S.Ct. 740, 54 L.Ed.2d 765 (1978). The adversary contest implicit in the district court’s order is ill-suited to the type of medical determination that must be made. The Supreme Court made this point forcefully in Parham v. J .R., where it wrote…
• United States v. Girard, 601 F.2d 69 (2d Cir. 1979)
  …a common scheme or plan, a joint trial of the participants is proper, absent a clear showing of prejudice. United States v. Arroyo-Angulo, 580 F. 2d 1137, 1144 (2d Cir. 1978); United States v. Green, 561 F. 2d 423, 426 (2d Cir. 1977), cert. denied, 434 U.S. 1018, 98 S.Ct. 739, 54 L.Ed.2d 764 (1978). Appellants have made no such showing in this case. We find no merit in appellants’ contention that Girard’s portion of a tape-recorded telephone conversation with Lambert was improperly admitted into evidence.…
• United States v. Sotomayor, 592 F.2d 1219 (2d Cir. 1979)
  …scheme or plan. We are of the opinion that Romero has waived any claim of error under Rule 8 by his failure to move before trial for a severance. Rule 12(b)(2) and 12(f), F.R.Cr.P.; United States v. Green, 561 F. 2d 423 (2d Cir. 1977), cert. denied 434 U.S. 1018, 98 S.Ct. 739, 54 L.Ed.2d 764 (1977). Romero would have us evaluate this issue under Rule 14 which provides: Relief from Prejudicial Joinder If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants…