NISNEWITZ

v.

UNITED STATES

Citator

Cited By (28 total)

• Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981)
  …who stored marijuana in a rental warehouse, knowing workmen and other tenants had access to the area, had no reasonable expectation of privacy with respect thereto. In United States v. Garcia-Rodriguez, 558 F. 2d 956 (9th Cir. 1977), cert. denied, 434 U.S. 1050, 98 S.Ct. 900, 54 L.Ed.2d 802 (1978), it was held that lessees of a warehouse had no reasonable expectation of privacy where they knew that access by the public was unrestricted and gates and doors were left open and unguarded. The recent United St…
• Barnes v. State, 415 So. 2d 1280 (Fla. 2d DCA 1982)
  …quire the admission of testimony which tends to prove that a person other than the defendant committed the crime that is charged. 621 F. 2d at 953. The second pertinent case is United States v. Robinson, 544 F. 2d 110 (2d Cir. 1976), cert. denied, 434 U.S. 1050, 98 S.Ct. 901, 54 L.Ed.2d 803 (1978). There, the defendant was also charged with committing a bank robbery, and the government produced a bank surveillance photograph which it contended showed him to be one of the robbers. However, the defense attem…
• United States v. Shaw, 701 F.2d 367 (5th Cir. 1983)
  …tates v. Johnson, supra, 558 F. 2d at 1230; where the defendant’s defense was “not so implausible as to be dismissed out of hand” and evidence of guilt was “not overwhelming”, United States v. Impson, 531 F. 2d 274, 278 (5th Cir.1976), cert. denied, 434 U.S. 1050, 98 S.Ct. 900, 54 L.Ed.2d 803 (1978); and where the prosecutor had argued the substantive or impeachment possibilities of the testimony, United States v. Meneses-Davila, supra, 580 F. 2d at 895, or had directly tied the defendant’s silence to the im…