NORTH RIVER INSURANCE CO.
v.
WHITMAN, SHERIFF, BIENVILLE PARISH, LOUISIANA

U.S. | 1983-02-22
No. 82-1040
459 U.S. 1207 Supreme Court of the United States (1983) Positive Treatment
Cited by 50 cases

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Cited By (50 total)

  • United States v. Riley Harrington Keller, III, 916 F.2d 628 (11th Cir. 1990)
    …ed with Smith. The general rule is that “[t]he existence of the conspiracy agreement rather than the identity of those who agree is the essential element to prove conspiracy.” United States v. Davis, 679 F. 2d 845, 851 (11th Cir.1982), cert. denied, 459 U.S. 1207, 103 S.Ct. 1198, 75 L.Ed.2d 441 (1983). However, where the indictment specifically alleges that only two individuals conspired, and contains no language indicating that there were unnamed or unknown conspirators, we believe that an essential element…
  • United States v. Montes-Cardenas, 746 F.2d 771 (11th Cir. 1984)
    …ual or constructive, and the latter can be established by evidence showing ownership, dominion, or control over the contraband itself or the premises on which it is concealed. United States v. Davis, 679 F. 2d 845, 853 (11th Cir.1982), cert. denied, 459 U.S. 1207, 103 S.Ct. 1198, 75 L.Ed.2d 441 (1983). Constructive possession may be shared with others, and can be established by circumstantial or direct evidence. United States v. Ramos, 666 F. 2d 469, 476 (11th Cir.1982). Intent to distribute may be inferred…
  • United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990)
    …decision in adopting the same rule. United States v. Satterfield, 743 F. 2d 827 (11th Cir.1984), cert. denied, 471 U.S. 1117, 105 S.Ct. 2362, 86 L.Ed.2d 262 (1985). See also United States v. Roper, 681 F. 2d 1354, 1358 (11th Cir.1982), cert. denied, 459 U.S. 1207, 103 S.Ct. 1197, 75 L.Ed.2d 440 (1983). In Brookins, the police obtained the identity of a key prosecution witness through an illegal interrogation of the defendant. The Court found “more than a reasonable probability existed that normal police inv…

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