GREEN

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (15 total)

• Delaware v. Fensterer, 474 U.S. 15 (U.S. 1985)
  …on reached by the trial court in this case: that the expert’s inability to recall the basis for his opinion went to the weight of the evidence, not its admissibility. See United States v. Bastanipour, 697 F. 2d 170, 176-177 (CA7 1982), cert. denied, 460 U. S. 1091 (1983). That being so, the prosecution’s foreknowledge that its expert would be unable to give the precise basis for his opinion did not impose an obligation on it, as a matter of due process, to refrain from introducing the expert’s testimony unl…
• United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985)
  …them was a violation of FBI regulations.33 But a violation of agency regulations not prohibited by the Constitution or federal law is not reversible [*1220] error. See United States v. Bastanipour, 697 F. 2d 170, 174-75 (7th Cir.1982), cert, denied, 460 U.S. 1091, 103 S.Ct. 1790, 76 L.Ed.2d 358 (1983). Whether initialed or not, the original 302s were statements of Cobb’s within the meaning of the Jencks Act, 18 U.S.C. § 3500(e)(2). The government’s failure to produce them was thus an apparent violation of t…
• United States v. Paiz, 905 F.2d 1014 (7th Cir. 1990)
  …de under Rule 16 must show that the district court’s handling of the matter was error, and “ ‘that the error was prejudicial to the substantive rights of the defendant.’” United States v. Bastanipour, 697 F. 2d 170, 175 (7th Cir.1982), cert. denied, 460 U.S. 1091, 103 S.Ct. 1790, 76 L.Ed.2d 358 (1983). Rector has shown neither. In allowing Blubaugh to testify about the statements made by Rector, the court was acting well within permissible bounds. First, it is doubtful whether the government breached Rule…