HERNANDEZ
v.
UNITED STATES

U.S. | 1978-06-05
No. 77-6706
436 U.S. 949 Supreme Court of the United States (1978) Positive Treatment
Cited by 45 cases

Opinion

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Citator

Cited By (45 total)

  • United States v. Watson, 594 F.2d 1330 (10th Cir. 1979)
    …ces therefrom, in the light most favorable to the government, as we must, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680; United States v. Krohn, 573 F. 2d 1382, 1385 (10th Cir.), cert. denied sub nomine Hahn v. United States, 436 U.S. 949, 98 S.Ct. 2857, 56 L.Ed.2d 792; United States v. Twilligear, 460 F. 2d 79, 81-82 (10th Cir.), we must disagree with this contention. Yet, since appellants have challenged the admission in evidence of certain tape recordings of telephone intercepts,…
  • United States v. Eubanks, 591 F.2d 513 (9th Cir. 1979)
    …States v. Kennedy, 564 F. 2d 1329, 1334 (9th Cir. 1977), cert. denied, 435 U.S. 944, 98 S.Ct. 1526, 55 L.Ed.2d 541 (1978)), that discretion is not without limits. United States v. Hernandez-Berceda, 572 F. 2d 680, 682 (9th Cir. 1978), cert. denied, 436 U.S. 949, 98 S.Ct. 2856, 56 L.Ed.2d 792 (1978). I respectfully submit that this case approaches, if it does not exceed, those limits. I conclude by quoting Mr. Justice Jackson, a great lawyer and a great Justice: When the trial starts, the accused feels th…
  • United States v. Rios, 611 F.2d 1335 (10th Cir. 1979)
    …3. While we have suggested that “it is preferable to give some cautionary instruction at the time of admission of the proof, with further instructions in the final charge,” United States v. Krohn, 573 F. 2d 1382, 1387 n. 5 (10th Cir.), cert. denied, 436 U.S. 949, 98 S.Ct. 2857, 56 L.Ed.2d 792; see also United States v. Pennett, 496 F. 2d 293, 296 (10th Cir.), we have only expressly required an instruction at the time the evidence was admitted or in the final charge to the jury. See Lowther v. United States,…
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