KILBURN

v.

UNITED STATES

Citator

Cited By (43 total)

• Williams v. NEW England Mut. Life Ins. Co., 419 So. 2d 766 (Fla. 1st DCA 1982)
  …v. John Hancock Life Mutual Ins. Co., 146 Me. 220, 79 A. 2d 581 (Me.1951); and Annot., 61 A.L.R.3d 822 § 20 (1975). Only one case of substance has applied § 396.022. In United States v. Poolaw, 588 F. 2d 103, 105 n. 2 (5th Cir. 1979), cert. denied, 440 U.S. 966, 99 S.Ct. 1517, 59 L.Ed.2d 782 (1979), the defendant had requested a criminal jury instruction that, if he was found to be an alcoholic and therefore suffering from a mental disease based on the statute, he should be acquitted, assuming his actions…
• United States v. Dennis, 625 F.2d 782 (8th Cir. 1980)
  …2d 733 (4th Cir. 1976). Evidence is not excludable under Rule 403, however, where the evidence of each crime would have been admissible on a separate trial on the other crime. United States v. Burkley, 591 F. 2d 903 (D.C. Cir. 1978), cert. denied, 440 U.S. 966, 99 S.Ct. 1516, 59 L.Ed.2d 782 (1979). Where evidence that a defendant had committed one crime would be probative and thus admissible at the defendant’s separate trial for another crime, the defendant does not suffer any additional prejudice if th…
• United States v. Jannotti, 673 F.2d 578 (3d Cir. 1982)
  …ikely that any resulting criminal conduct of the defendant was due to the inducement rather than to the defendant’s own predisposition.” Watson, 489 F. 2d at 511. See also United States v. Burkley, 591 F. 2d 903, 915-16 (D.C.Cir.1978), cert. denied, 440 U.S. 966, 99 S.Ct. 1516, 59 L.Ed.2d 782 (1979). Chief Justice Warren emphasized that the function of law enforcement is the prevention of crime and the apprehension of criminals, and “that function does not include the manufacturing of crime.” Sherman, 356…