LYDAY

v.

UNITED STATES

Citator

Cited By (14 total)

• United States v. Pungitore, 910 F.2d 1084 (3d Cir. 1990)
  …(10th Cir.1989). See also United States v. Becker, 892 F. 2d 265, 269 (3d Cir.1989) (successive prosecutions of two separate drug conspiracies did not constitute harassment); United States v. Partyka, 561 F. 2d 118, 124 (8th Cir.1977), cert. denied, 434 U.S. 1037, 98 S.Ct. 773, 54 L.Ed.2d 785 (1978). This is not to say that multiple prosecutions may never result in a denial of due process. See Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974) (vindictive prosecution brought in retaliatio…
• United States v. Cardall, 885 F.2d 656 (10th Cir. 1989)
  …tionally enjoyed discretion in deciding which of multiple possible charges against a defendant are to be prosecuted or whether they are all to be prosecuted at the same time. United States v. Partyka, 561 F. 2d 118, 124 (8th Cir.1977), cert. denied, 434 U.S. 1037, 98 S.Ct. 773, 54 L.Ed.2d 785 (1978). In our view, the prosecutor in this case separated the indictments and prosecutions in a rational manner. Although, as a matter of policy, “a single trial ... may be a desirable prosecutorial aim, ... it is not…
• United States v. Ponticelli, 622 F.2d 985 (9th Cir. 1980)
  …rroneous. The state of mind declaration also has probative value, because the declarant presumably has no chance for reflection and therefore for misrepresentation. See id.; United States v. Partyka, 561 F. 2d 118, 125 (8th Cir. 1977), cert. denied, 434 U.S. 1037, 98 S.Ct. 773, 54 L.Ed.2d 785 (1978). The greater the circumstances for misrepresentation, the less reliable is the declaration. Finally, the state of mind declaration must be relevant to some issue in the case. See Mutual Life Ins. Co. v. Hillmon,…