BURGESS

v.

UNITED STATES

Citator

Cited By (25 total)

• United States v. Evans, 697 F.2d 240 (8th Cir. 1983)
  …clear and convincing evidence that defendant committed the prior acts, and (8) the potential unfair prejudice of the evidence does not substantially outweigh its probative value. United States v. Young, 618 F. 2d 1281, 1289 (8th Cir.), cert. denied, 449 U.S. 844, 101 S.Ct. 126, 66 L.Ed.2d 52 (1980); United States v. Scholle, 553 F. 2d at 121. Broad discretion is afforded the trial judge in deciding whether to admit wrongful act evidence and his decision will not be overturned without a clear showing that th…
• United States v. Kern, 657 F.2d 985 (8th Cir. 1981)
  …the conspiracy. Where intent or guilty knowledge are elements of the crime charged, evidence of other crimes or acts tending to establish those elements is generally admissible. United States v. Young, 618 F. 2d 1281, 1289 (8th Cir.), cert. denied, 449 U.S. 844, 101 S.Ct. 126, 66 L.Ed.2d 52 (1980); United States v. Gocke, 507 F. 2d 820, 824 (8th Cir. 1974), cert. denied, 420 U.S. 979, 95 S.Ct. 1407, 43 L.Ed.2d 660 (1975). Furthermore, “[t]he government need not await the defendant’s denial of intent before…
• United States v. Kendall, 665 F.2d 126 (7th Cir. 1981)
  …s of the conspiracy, however, there was a reasonable basis for the trial judge’s conclusion that the evidence was admissible pursuant to rule 801(d)(2)(E). See United States v. Inendino, 604 F. 2d 458, 461 (7th Cir. 1979) (per curiam), cert. denied, 449 U.S. 844, 101 S.Ct. 126, 66 L.Ed.2d 52 (1980); United States v. Mackey, 571 F. 2d 376, 383 (7th Cir. 1978). We conclude that the trial judge properly admitted Delbert First’s testimony pursuant to the joint venture exception. We note additionally that, even…