BOWRING

v.

WARDEN, POWHATAN CORRECTIONAL CENTER

Citator

Cited By (32 total)

• United States v. Tarantino, 846 F.2d 1384 (D.C. Cir. 1988)
  …obviously where there is a serious risk that the plea itself may be taken by the jury to support the defendants’ guilt — a limiting instruction may be necessary to avoid prejudice. Wallace v. Lockhart, 701 F. 2d 719, 725-26 (8th Cir.), cert. denied, 464 U.S. 934, 104 S.Ct. 340, 78 L.Ed.2d 308 (1983). At trial, however, Tarantino’s counsel neither requested limiting instructions nor objected to the court’s failure to give such instructions. Therefore, we could reverse only if the omission were plain error.…
• United States v. Judd Carver Eisenberg, 807 F.2d 1446 (8th Cir. 1986)
  …answered. We find that this conduct by the government, while not condoned, was harmless and did not affect Eisenberg’s substantial rights. See, United States v. Zabel, 702 F. 2d 704, 710 (8th Cir.), cert. denied sub nom., Gukeisen v. United States, 464 U.S. 934, 104 S.Ct. 339, 78 L.Ed.2d 308 (1983); Fed.R.Crim.P. 52(a). Lastly, Eisenberg claims that the evidence was insufficient to support the jury’s verdict. It is well established that the evidence is to be viewed in the light most favorable to the verdi…
• Coleman v. Brown, 802 F.2d 1227 (10th Cir. 1986)
  …e murders, we are unable to conclude that the alibi testimony would have altered the trial’s outcome. See Wallace v. Lockhart, 701 F. 2d 719, 730 (8th Cir.) (evidentiary hearing unnecessary when name of potential witness not provided), cert. denied, 464 U.S. 934, 104 S.Ct. 340, 78 L.Ed.2d 308 (1983). Coleman argues that his attorney failed to file written briefs on certain motions and that he never requested additional time to file reply briefs. This court has held that the Sixth Amendment does not require…