JOHNSON

v.

COURTS OF OHIO

Citator

Cited By (34 total)

• United States v. McCLINTOCK, 748 F.2d 1278 (9th Cir. 1984)
  …oper conduct” but the court did not find a constitutional violation). Because the prosecutor had no legal obligation to disclose the exculpatory material to the grand jury, United States v. Al Mudarris, 695 F. 2d 1182, 1185 (9th Cir.), cert. denied, 461 U.S. 932,103 S.Ct. 2097, 77 L.Ed.2d 305 (1983), his actions were not arbitrary or capricious in the constitutional sense. His actions did not “significantly infring[e] upon the ability of the grand jury to exercise its independent judgment.” United States v.…

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• United States v. Rivera-Santiago, 872 F.2d 1073 (1st Cir. 1989)
  …also be noted that in Samango, the court upheld a district court dismissal of an indictment based on a pretrial challenge, rather than a challenge after a trial on the merits. In United States v. Al Mudarris, 695 F. 2d 1182 (9th Cir.), cert. denied, 461 U.S. 932, 103 S.Ct. 2097, 77 L.Ed.2d 305 (1983), where the prosecutor’s behavior was similar to the behavior in Samango, the Ninth Circuit refused to dismiss an indictment when the defendant challenged the indictment after conviction. Id. at 1188. We have re…
• United States v. Disla, 805 F.2d 1340 (9th Cir. 1986)
  …e government and drawing all reasonable inferences, there was relevant evidence from which the jury could reasonably have found the defendant guilty beyond a reasonable doubt. United States v. Cusino, 694 F. 2d 185, 187 (9th Cir.1982), cert. denied, 461 U.S. 932, 103 S.Ct. 2096, 77 L.Ed.2d 305 (1983). 1. Count I — Conspiracy Count I alleged a conspiracy among Dis-la, Jose Diaz, two uncharged co-conspirators (Porfirio Garcia and Victor Franco), and other unnamed persons, to possess cocaine with intent to d…