MCGAHEE

v.

MASSEY, SUPERINTENDENT, UNION CORRECTIONAL INSTITUTION

Citator

Cited By (44 total)

• Lightbourne v. Dugger, 829 F.2d 1012 (11th Cir. 1987)
  …the jury between conviction and sentencing. Because this issue was not raised in petitioner’s Petition ■ for Writ for Habeas Corpus, this court will not consider the issue. See McGahee v. Massey, 667 F. 2d 1357, 1361 n. 10 (11th Cir.), cert, denied, 459 U.S. 943, 103 S.Ct. 255, 74 L.Ed.2d 199 (1982). . Although the interrogation in question was videotaped, neither that recording nor a transcript of it were made part of the trial record. The court reporter found the audio portion of the recording unintellig…
• United States v. Teague, 953 F.2d 1525 (11th Cir. 1992)
  …right to testify as to the issue of identity. After testifying, the prosecutor was then allowed to remark on the silence of the defendant as to those issues unrelated to identity. McGahee v. Massey, 667 F. 2d 1357, 1362 (11th Cir.), cert. denied, 459 U.S. 943, 103 S.Ct. 255, 74 L.Ed.2d 199 (1982). The right to remain silent is a preeminent right which exists throughout a trial until interrupted by an assertion of the right to testify. This conclusion is recognized in the Eleventh Circuit Pattern Jury I…
• United States v. Boylan, 898 F.2d 230 (1st Cir. 1990)
  …conveyed the essence of the mens rea requirement for Hobbs Act extortion. Compare, e.g., Aguon, 851 F. 2d at 1168; United States v. Kattar, 840 F. 2d 118, 124 n. 4 (1st Cir.1988); United States v. Dozier, 672 F. 2d 531, 542 (5th Cir.), cert. denied, 459 U.S. 943, 103 S.Ct. 256, 74 L.Ed.2d 200 (1982); United States v. Scacchetti, 668 F. 2d 643, 649 (2d Cir.), cert. denied, 457 U.S. 1132, 102 S.Ct. 2957, 73 L.Ed.2d 1349 (1982); cf. Sturm, 870 F. 2d at 775 (rejecting “purely objective” definitions which contai…