OAXACA

v.

UNITED STATES

Citator

Cited By

• United States v. Johnson, 637 F.2d 1224 (9th Cir. 1980)
  …instein’s Evidence § 901(a)[01], at 901-16 (1976). At that point the matter is committed to the trier of fact to determine the evidence’s credibility and probative force. See United States v. Oaxaca, 569 F. 2d 518, 526 (9th Cir. 1978), cert. denied, 439 U.S. 926, 99 S.Ct. 310, 58 L.Ed.2d 319 (1978). Here, although the trial record reveals the identification of the ax made by Papse may not have been entirely free from doubt, the witness did state that he was “pretty sure” this was the weapon Johnson had use…
• Sterling Rault, Sr. v. State OF La., 772 F.2d 117 (5th Cir. 1985)
  …be raised at trial and on direct appeal. See LSA-C. Cr.P. arts. 841, 844; State v. Spencer, 446 So. 2d 1197, 1200 (La.1984); State v. Webb, 419 So. 2d 436, 438 n. 2 (La.1982); State v. Mitchell, 356 So. 2d 974, 976 n. 1, 981-82 (La.), cert. denied, 439 U.S. 926, 99 S.Ct. 310, 58 L.Ed.2d 319 (1978). The fact that on the only occasion this claim was raised in the Louisiana courts — in the 1985 application for habeas corpus to the Louisiana Supreme Court — it was denied without opinion, does not mean that the…