CROSBY
v.
UNITED STATES

U.S. | 1978-10-02
No. 77-6846
439 U.S. 849 Supreme Court of the United States (1978) Positive Treatment
Cited by 9 cases

Opinion

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Citator

Cited By

  • United States v. Thevis, 665 F.2d 616 (5th Cir. 1982)
    …he defendant must be unable to obtain a fair trial without severance and must demonstrate compelling prejudice against which the trial court will be unable to afford protection.” United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). See United States v. Grapp, 653 F. 2d 189, 192-93 (5th Cir. 1981); United States v. Salomon, 609 F. 2d 1172, 1175 (5th Cir. 1980). The trial court denied the pre-trial severance motions of Evans and Hood, findi…
  • United States v. Kopituk, 690 F.2d 1289 (11th Cir. 1982)
    …tection. United States v. Harper, 11 Cir. 1982, 680 F. 2d 731; United States v. Kabbaby, supra, 672 F. 2d at 861; United States v. Tombrello, 666 F. 2d 485, 492 (11th Cir. 1982); United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). In the context of an antagonistic defense claim, it is necessary to show not simply that the defenses were antagonistic, but that they were irreconcilable and mutually exclusive. United States v. Mota, 598 F. 2d…
  • United States v. Houshang Sheikh, 654 F.2d 1057 (5th Cir. 1981)
    …ch effectively denied the party a fair trial. United States v. Horton, 646 F. 2d 181, 186 (5th Cir. 1981); United States v. Mota, 598 F. 2d 995, 1000 (5th Cir. 1979), quoting United States v. Swanson, 572 F. 2d 523, 528 (5th Cir. 1978), cert. denied 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). Sheikh attempts to establish compelling prejudice in two respects. First, he claims that his defense at trial was antagonistic to the defenses asserted by his codefendants. Both Sheikh and the codefendant Hami…
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