BUCHANAN

v.

NORRIS, JAILER

Citator

Cited By (17 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…
• United States v. Horton, 847 F.2d 313 (6th Cir. 1988)
  …tion.2 Before a conviction for aiding and abetting can be upheld, it is essential that the jury find that all essential elements of the underlying crime were committed by someone. See United States v. Butler, 622 F. 2d 258 (6th Cir.), cert. denied, 449 U.S. 867, 101 S.Ct. 200, 66 L.Ed.2d 85 (1980); United States v. Franklin, 608 F. 2d 241 (6th Cir.1979); United States v. Barker, 542 F. 2d 479, 484 (8th Cir.1976) (“It is incumbent upon the Government to prove that the persons allegedly aided and abetted did…