WINCHELL

v.

SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (30 total)

• United States v. Cauble, 706 F.2d 1322 (5th Cir. 1983)
  …12(b)(2). When the question is not raised below, however, we construe the indictment liberally and will not reverse unless it cannot within reason be construed to charge a crime. United States v. Hart, 640 F. 2d 856, 857-58 (6th Cir.), cert. denied, 451 U.S. 992, 101 S.Ct. 2334, 68 L.Ed.2d 853 (1981). . 18 U.S.C. § 2 (1976) deals with liability of principals. The indictment charges Cauble individually and doing business as Cauble Enterprises. It charges that Cauble Enterprises was a limited partnership in…
• United States v. Parodi, 703 F.2d 768 (4th Cir. 1983)
  …ating witnesses, addressing counsel, or some other conduct — never reachfes] the point at which it appears clear to the jury that the court believes the accused is guilty,’ ” United States v. Robinson, 635 F. 2d 981, 984 (2d Cir.1980), cert. denied, 451 U.S. 992, 101 S.Ct. 2333, 68 L.Ed.2d 852 (1981); United States v. Middlebrooks, 618 F. 2d 273, 277 (5th Cir.1980), cert. denied, 449 U.S. 984, 101 S.Ct. 401, 66 L.Ed.2d 247 [*776] or partakes of “ ‘the heat and partisanship of the advocate,’ ” Wallace v. Uni…
• United States v. DeLUCA, 692 F.2d 1277 (9th Cir. 1982)
  …his courtroom. More importantly, the judge three times cautioned the jury that his comments or admonitions of counsel were not evidence and were not to be considered. See United States v. Robinson, 635 F. 2d 981, 984-86 (2d Cir.1980), cert. denied, 451 U.S. 992, 101 S.Ct. 2333, 68 L.Ed.2d 852 (1981). We conclude that defendants have made an insufficient showing of a pervasive climate of partiality or unfairness necessary to succeed on a claim of this kind. They have failed to show the extremely high level…