JOHNSTON

v.

UNITED STATES

Citator

Cited By (15 total)

• Thomas v. State, 725 So. 2d 1171 (Fla. 5th DCA 1998)
  …n these circumstances, prejudice is not presumed and the defendant must demonstrate that he has been prejudiced in some way to establish reversible error. See People v. Lewis, 88 Ill.2d 429, 58 Ill.Dec. 743, 430 N.E. 2d 994 (Ill.1981), cert. denied, 460 U.S. 1053, 103 S.Ct. 1501, 75 L.Ed.2d 932 (1983); Ex parte Bell, 511 So. 2d 519 (Ala.Crim.App.Ct.1987). Thomas has failed to show any acts or omissions by Sweeting which even remotely suggest that Sweeting was ineffective. Therefore we affirm. AFFIRMED. AN…
• United States v. Laurence John Layton, 855 F.2d 1388 (9th Cir. 1988)
  …the reliability of out-of-court statements by considering a variety of factors. These factors include the following questions: 1. Was the statement made voluntarily? Id. at 1401; Steele v. Taylor, 684 F. 2d 1193, 1204 (6th Cir.1982), cert. denied, 460 U.S. 1053, 103 S.Ct. 1502, 75 L.Ed.2d 932 (1983); 2. Was the statement made contemporaneously with the occurrence of the events it references? United States v. Nick, 604 F. 2d 1199, 1204 (9th Cir.1979) (per curiam); 3. Did the declarant admit that he commit…
• United States v. Harrison, 918 F.2d 469 (5th Cir. 1990)
  …ts no ownership interest in the truck. See Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), reh’g denied 439 U.S. 1122, 99 S.Ct. 1035, 59 L.Ed.2d 83 (1979); United States v. Johnston, 685 F. 2d 934, 939 (5th Cir.), cert. denied, 460 U.S. 1053, 103 S.Ct. 1501, 75 L.Ed.2d 932 (1983). He argues that, however, as a passenger, he had an expectation of privacy in the items within his immediate control in the truck’s cab. This argument fails for two reasons. First, the driver consented to the s…