MEDINA-HERRERA

v.

UNITED STATES

Citator

Cited By (21 total)

• Schweiker v. Wilson, 450 U.S. 221 (U.S. 1981)
  …se for the exclusion”; and the court reasoned that “aged, blind and disabled inmates of all public institutions would have similar needs.” Ibid. Upon the Secretary’s direct appeal from this judgment, we noted probable jurisdiction. Harris v. Wilson, 446 U. S. 964 (1980). Ill A The equal protection obligation imposed by the Due Process Clause of the Fifth Amendment is not an obligation to provide the best governance possible. This is a necessary result of different institutional competences, and its reason…
• United States v. Peters, 791 F.2d 1270 (7th Cir. 1986)
  …g, preliminary to admitting coconspirator hearsay, that the conspiracy and the defendant’s membership in the conspiracy was proved by a preponderance of the evidence.” United States v. Medina-Herrera, 606 F. 2d 770, 773 (7th Cir.1979), cert. denied, 446 U.S. 964, 100 S.Ct. 2939, 64 L.Ed.2d 822 (1980). This preliminary determination is made under Fed.R.Evid. 104(a)15 outside the hearing of the jury. United States v. Allen, 596 F. 2d 227, 230 (7th Cir.), cert. denied, 444 U.S. 871, 100 S.Ct. 149, 62 L.Ed.2d 9…
• United States v. Shapiro, 669 F.2d 593 (9th Cir. 1982)
  …f Massiah violations. None of the conversations in question involved Shapiro, and Howard’s right to counsel, as protected by Massiah, may not be asserted by a third person. United States v. Partin, 601 F. 2d 1000, 1006 (9th Cir. 1979), cert. denied, 446 U.S. 964, 100 S.Ct. 2939, 64 L.Ed.2d 822 (1980). See Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). We must also reject Howard’s claim of a Massiah violation because she has failed to show that any information obtained was offere…