OMERNICK
v.
LAROCQUE ET AL.

U.S. | 1982-10-04
No. 81-6824
459 U.S. 847 Supreme Court of the United States (1982) Positive Treatment
Cited by 2 cases

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  • United States v. Bear, 828 F.2d 1286 (8th Cir. 1987)
    …ity of deciding the issue of credibility, except in the most compelling circumstances, lies with the jury. See, e.g., United States v. Wade, 740 F. 2d 625, 628 (8th Cir.1984); United States v. Harrison, 671 F. 2d 1159, 1162 (8th Cir.), cert. denied, 459 U.S. 847, 103 S.Ct. 104, 74 L.Ed.2d 94 (1982). We therefore conclude that viewing the evidence in the light most favorable to the government, there is substantial evidence in the record to support the verdict finding LaFuente guilty of first degree murder.…
  • Nicholson v. Layton, 747 F.2d 1225 (8th Cir. 1984)
    …e officers had kicked or beaten the plaintiffs as they lay on the ground, this case would have to be reversed, as no trial evidence indicates that such force was necessary. United States v. Harrison, 671 F. 2d 1159, 1161-62 (8th Cir.), cert. denied, 459 U.S. 847, 103 S.Ct. 104, 74 L.Ed.2d 94 (1982); Putman v. Gerloff, 639 F. 2d 415, 420-21 (8th Cir.1981) (officers may not kick or beat suspects for no reason). . We also hold, in the alternative, that admission of the prior conviction was not reversible erro…

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