MASSACHUSETTS LABORERS DISTRICT COUNCIL ET AL.
v.
ABREEN CORP. ET AL.; AND LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO V. ABREEN CORP. ET AL.

U.S. | 1984-01-09
Nos. 83-537; No. 83-693
464 U.S. 1040 Supreme Court of the United States (1984) Caution
Cited by 66 cases

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Cited By (65 total)

  • State v. Hill, 504 So. 2d 407 (Fla. 2d DCA 1987)
    …5). The trial court’s exclusion of Munson’s former testimony on the ground that it considers such testimony unworthy of belief constitutes “a usurpation of the jury function.” United States v. Katsougrakis, 715 F. 2d 769 (2d Cir.1983), cert. denied, 464 U.S. 1040, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984). Hill attempts before us to distinguish “reliability” from “credibility.” It is true that the trial court’s order does speak to the reliability of Munson’s former testimony but we are persuaded that characteriz…
  • United States v. Filippo Casamento, 887 F.2d 1141 (2d Cir. 1989)
    …strict court must look to the circumstances in which the declarant made the statement. However, the court should not look to the credibility of the in-court witness. See United States v. Katsougrakis, 715 F. 2d 769, 777 (2d Cir.1983), cert. denied, 464 U.S. 1040, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984). Assessing the credibility of an in-court witness is the role of the jury. Therefore, we reject as not pertinent to the evidentiary ruling Castronovo’s argument that Contorno was inclined to lie. Castro-novo as…
  • United States v. Stratton, 779 F.2d 820 (2d Cir. 1985)
    …n in his position would not have made the statement unless he believed it to be true; and (3) corroborating circumstances indicate that the statement is trustworthy.7 See United States v. Katsougrakis, 715 F. 2d 769, 775 (2d Cir.1983), cert. denied, 464 U.S. 1040, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984). Since Farbar was a defendant, he could not be called by the Government as a witness and was therefore “unavailable.” See United States v. Lieberman, 637 F. 2d 95, 103 (2d Cir.1980). Hammoud, a co-conspirato…

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