WATKINS

v.

THOMAS, SHERIFF, ET AL.

Citator

Cited By (27 total)

• Justices of Boston Mun. Court v. Lydon, 466 U.S. 294 (U.S. 1984)
  …ssue “was made for the purpose of reporting clearly framed questions to the full bench and is not an adjudication of the rights of the parties in this case.” Lydon v. Commonwealth, 381 Mass. 356, 359, n. 6, 409 N. E. 2d 745, 748, n. 6, cert. denied, 449 U. S. 1065 (1980). The Massachusetts court then found Lydon’s double jeopardy argument to be without merit. Because no appellate court had ruled that the evidence was insufficient at Lydon’s trial, and indeed no court ever would have occasion to do so under Ma…

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• United States v. Ramirez, 710 F.2d 535 (9th Cir. 1988)
  …had instructed on criminal intent. The jury could not convict Lee if they believed his defense because that defense negated the necessary finding of intent. Id. at 986. Similarly, in United States v. Hughes, 626 F. 2d 619 (9th Cir.), cert. denied, 449 U.S. 1065, 101 S.Ct. 793, 66 L.Ed.2d 611 (1980), the theory of defense was that the sale of government property charged in the indictment had been authorized by government agents. The trial court denied a proposed instruction similar to those proposed in Lee,…
• United States v. Gary L. "Scott" Dickey, 736 F.2d 571 (10th Cir. 1984)
  …sented in connection with the prosecution of another in the same trial for a crime in which the accused did not participate.’ ” United States v. Brewer, supra at 799 (quoting United States v. Morris, 623 F. 2d 145, 149 (10th Cir.1980), cert. denied, 449 U.S. 1065, 101 S.Ct. 793, 66 L.Ed.2d 609 (1980)). It is essential to emphasize initially that the question whether there existed evidence sufficient to establish a single conspiracy is one of fact for the jury to decide. United States v. Watson, 594 F. 2d 13…