O'LEARY

v.

PALMER ET AL.

Citator

Cited By (22 total)

• United States v. Ghassan L. Ammar, 714 F.2d 238 (3d Cir. 1983)
  …ngs may be sufficiently suspicious to permit a reasonable inference of complicity in the criminal enterprise. See United States v. Gonzalez, 700 F. 2d 196, 203 (5th Cir.1983); United States v. Baldarrama, 566 F. 2d 560, 565 (5th Cir.), cert. denied, 439 U.S. 844, 99 S.Ct. 140, 58 L.Ed.2d 145 (1978); United States v. Torres, 519 F. 2d at 726. Moreover, the [*251] issue before us is not whether the evidence aliunde was sufficient to support a judgment of conviction beyond a reasonable doubt, but rather whethe…
• Holloway v. Clay E. McELROY, 632 F.2d 605 (5th Cir. 1980)
  …23 U.S. 1066, 96 S.Ct. 806, 46 L.Ed.2d 657 (1976); Johnson v. State, 235 Ga. 486, 220 S.E. 2d 448 (1975). See also Leland v. Oregon, 343 U.S. 790, 72 S.Ct. 1002, 96 L.Ed. 1302 (1952); Grace v. Hopper, 566 F. 2d 507, 510 n.6 (5th Cir.), cert. denied, 439 U.S. 844, 99 S.Ct. 139, 58 L.Ed.2d 139 (1978). The State has not cited, and our research has not found, any case from the Georgia courts which holds that the absence of self-defense has similarly been read out of the requirement of unlawfulness. On this iss…
• United States v. Freeman, 619 F.2d 1112 (5th Cir. 1980)
  …llecting workover amounts for them, a charge that was supported by proof at trial, and the convictions were based on counts detailing the implementation of that scheme. Also, as in United States v. Baldarrama, 566 F. 2d 560 (5th Cir.), cert. denied, 439 U.S. 844, 99 S.Ct. 140, 58 L.Ed.2d 145 (1978), “defendants completely failed to demonstrate any prejudice arising out of a possible variance between the offenses proved at trial and those charged in the indictment. Variance from the indictment is not always…