SMITH ET AL.

v.

WYRICK, WARDEN, ET AL.

Citator

Cited By (12 total)

• United States v. Roy C. Blakeney (90-5664), 942 F.2d 1001 (6th Cir. 1991)
  …that properly prepared curative instructions are often sufficient to cure any prejudice resulting from the jury hearing inadmissible evidence. See, e.g., United States v. Bowers, 739 F. 2d 1050, [*1031] 1054-55 (6th Cir.) (per curiam), cert. denied, 469 U.S. 861, 105 S.Ct. 195, 83 L.Ed.2d 128 (1984). The district court offered to strike the testimony. Blakeney’s counsel had the opportunity to avail himself of curative instructions and chose not to do so. Although curative instructions do not cure all prejud…
• United States v. Zelinka, 862 F.2d 92 (6th Cir. 1988)
  …ly present, we noted the per se rule). Variances, on the other hand, will not result in reversal unless “substantial rights” of a defendant have been affected. Fed.R.Crim.P. 52; United States v. Bowers, 739 F. 2d 1050, 1053 (6th Cir.), cert. denied, 469 U.S. 861, 105 S.Ct. 195, 83 L.Ed.2d 128 (1984); Beeler, 587 F. 2d at 342. Substantial rights in turn, are affected only when a defendant shows “prejudice to his ability to defend himself at trial, to the general fairness of the trial, or to the indictment’s…
• Rogers v. Bruntrager, 841 F.2d 853 (8th Cir. 1988)
  …had failed to assert any additional material facts in the motion to amend. This court summarily affirmed the order of the district court. Rogers v. Bruntrager, 680 F.Supp. 876 (E.D.Mo.) (Filippine, J.), aff'd, 738 F. 2d 444 (8th Cir.), cert. denied, 469 U.S. 861, 105 S.Ct. 171, 83 L.Ed.2d 106 (1984). Undaunted, Rogers filed a third pro se civil rights complaint against the same three state circuit judges, the same assistant prosecutors, one deputy circuit clerk, and the public defender who handled his stat…