MCINERNEY

v.

BERMAN ET AL.

Citator

Cited By (19 total)

• United States v. Winter, 663 F.2d 1120 (1st Cir. 1981)
  …key to determining whether the instruction operated to deny the appellants’ constitutional rights is the actual effect of [*1144] that charge on the jury. Id. at 514, 99 S.Ct. at 2454; McInerney v. Berman, 621 F. 2d 20, 23 (1st Cir.), cert. denied, 449 U.S. 867, 101 S.Ct. 201, 66 L.Ed.2d 85 (1980). Sandstrom v. Montana holds that the instruction given here, which a reasonable juror could have viewed as a mandatory presumption, 442 U.S. at 515, 99 S.Ct. at 2455, that was either irrebuttable, or that shifted…
• United States v. McNEILL, 728 F.2d 5 (1st Cir. 1984)
  …lly make the connection permitted by the inference, the instruction was entirely proper. See, e.g., County Court v. Allen, 442 U.S. 140, 157, 99 S.Ct. 2213, 2224, 60 L.Ed.2d 777 (1979); McInerney v. Berman, 621 F. 2d 20, 23 (1st Cir.), cert. denied, 449 U.S. 867, 101 S.Ct. 201, 66 L.Ed.2d 85 (1980). Affirmed. . Assistant United States Attorney Robert J. Cordy, who prosecuted McNeill and who was present at the meeting at which the timing of the Rendini indictment was discussed, stated at oral argument in t…
• Niziolek v. Ashe, 694 F.2d 282 (1st Cir. 1982)
  …United States. Principles of comity dictate that a higher standard of cognizability be required of errors alleged by prisoners who are incarcerated as a result of state court proceedings. Fasano v. Hall, 615 F. 2d 555, 557 (1st Cir.), cert. denied, 449 U.S. 867, 101 S.Ct. 201, 66 L.Ed.2d 86 (1980). Of course, state trial errors that render a fair trial impossible will be cognizable in federal habeas corpus, because such errors violate the due process clause. Many trial errors, however, are not of suffici…

  ← 1 / 2 →