WRIGHT

v.

ALABAMA

Citator

Cited By (36 total)

• United States v. Gwaltney, 790 F.2d 1378 (9th Cir. 1986)
  …error.” Id. See also United States v. Birges, 723 F. 2d 666, 672 (9th Cir.) (“Improprieties in counsel’s arguments to the jury do not constitute reversible error ‘unless they are so gross as probably to prejudice the defendant....’”), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 (1984), quoting, United States v. Parker, 549 F. 2d 1217, 1222 (9th Cir.), cert. denied, 430 U.S. 971, 97 S.Ct. 1659, 52 L.Ed.2d 365 (1977). The “invited reply” or “invited response” rule has been invoked to ensure in…
• United States v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
  …e so gross as to have probably prejudiced the defendants and the prejudice was not neutralized by the trial judge. United States v. Lester, 749 F. 2d 1288, 1301 (9th Cir.1984); United States v. Birges, 723 F. 2d 666, 671-72 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 and 469 U.S. 863, 105 S.Ct. 200, 83 L.Ed.2d 131 (1984). In this case, attorneys for both sides were vehement. We have carefully examined the statements made by the prosecution that the defendants claim were prejudici…

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• United States v. Wagner, 834 F.2d 1474 (9th Cir. 1987)
  …d, 470 U.S. 1058, 105 S.Ct. 1772, 84 L.Ed.2d 832 (1985). “This is so because usually such a claim cannot be advanced without the development of facts outside the original record.” United States v. Birges, 723 F. 2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 83 L.Ed.2d 131 (1984). We have, however, recognized that if the defendant’s legal representation was so inadequate as obviously to deny him his sixth amendment right to counsel, the trial court’s failure to take notice sua sponte…