LONG ISLAND LIGHTING CO.
v.
LLOYD HARBOR STUDY GROUP, INC.

U.S. | 1978-04-17
No. 76-745
435 U.S. 964 Supreme Court of the United States (1978) Positive Treatment
Cited by 3 cases

Opinion

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  • …absent the other party has a right to comment on what he considers the inadequacy of the explanation.”). . With respect to the ambiguity of the missing witness inference, see generally United States v. Busic, 3 Cir., 587 F. 2d 577, cert. dismissed, 435 U.S. 964, 98 S.Ct. 1631, 56 L.Ed.2d 72 (1978) (can only infer evidence not sufficiently helpful to present whether because of jury fatigue, burden of proof already met, unsavory demeanor of witness, etc.); McCormick, Evidence § 272 at 657 (2d ed. 1972).…
  • United States v. Poore, 594 F.2d 39 (4th Cir. 1979)
    …rtheless, to say that severance should be granted in such cases unless the previous conviction of felony was independently admissible. A part of the Busic opinion not connected with this ruling was vacated on rehearing. See p. 587 of the opinion and 435 U.S. 964, 98 S.Ct. 1631, 56 L.Ed.2d 72 (1978) (petition for certiorari dismissed). . Appellant’s conviction on Count I, as well as his conviction on Count II, must be vacated because it is just as likely that the jury improperly considered appellant’s prior…
  • …t would have permitted the government to prove Levin’s predisposition to commit the offense in question by introducing evidence that he had previously committed other crimes. See United States v. Busic, 587 F. 2d 577, 585 (3d Cir.), cert. dismissed, 435 U.S. 964, 98 S.Ct. 1631, 56 L.Ed.2d 72 (1978) (evidence of prior convictions admissible under Fed.R.Evid. 404(b) to prove predisposition). The government has illustrated the danger inherent in permitting a defendant to raise the possibility of entrapment in…

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