SHAW

v.

UNITED STATES

Citator

Cited By (31 total)

• United States v. Rosenthal, 793 F.2d 1214 (11th Cir. 1986)
  …ention to refer to the defendant’s silence; or, (2) the remark was of such a character that the jury would “naturally and necessarily” take it to be a comment on defendant’s silence. United States v. Shaw, 701 F. 2d 367 (5th Cir.1983), cert. denied, 465 U.S. 1067, 104 S.Ct. 1419, 79 L.Ed.2d 744 (1984). The court must consider the intent of the prosecutor and the character of the remarks in the context in which they occur. United States v. Forrest, 620 F. 2d 446 (5th Cir.1980). The burden of proving such inte…
• In re "Agent Orange" Prod. Liab. Litig. MDL NO. 381, 818 F.2d 145 (2d Cir. 1987)
  …owing certification of the two classes, the defendants petitioned this court for a writ of mandamus to compel the district court to vacate certification of the classes. See In re Diamond Shamrock Chemicals Co., 725 F. 2d 858 (2d Cir.), cert. denied, 465 U.S. 1067, 104 S.Ct. 1417, 79 L.Ed.2d 743 (1984). In denying the petition, we noted that “mandamus is an extraordinary remedy,” id. at 859, and that “[r]eview of the many issues raised by the class certification will be available when the ramifications of e…

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• United States v. Nixon, 816 F.2d 1022 (5th Cir. 1987)
  …of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); see United States v. Shaw, 701 F. 2d 367, 392 (5th Cir.1983), cert. denied, 465 U.S. 1067, 104 S.Ct. 1419, 79 L.Ed.2d 744 (1984). This is so because a jury may choose its verdict among reasonable constructions of the evidence so long as the evidence establishes guilt beyond a reasonable doubt. United States v. Thomas, 768 F. 2d 611, 61…