ESPENSHADE

v.

PENNSYLVANIA STATE UNIVERSITY ET AL.

Citator

Cited By (11 total)

• United States v. Sullivan, 919 F.2d 1403 (10th Cir. 1990)
  …also United States v. Webb, 625 F. 2d 709, 710-11 (5th Cir.1980) (rule inapplicable where expert testimony was offered to show lack of propensity to commit a violent act); cf. United States v. Ellsworth, 738 F. 2d 333, 335 (8th Cir.), cert. denied, 469 U.S. 1042, 105 S.Ct. 528, 83 L.Ed.2d 415 (1984) (ruling 12.2(b) inapplicable to proffered psychiatric testimony that taxpayer had a good faith belief income tax was voluntary). We are persuaded by the dissent of Judge Rosenn in Hill. Rule 12.2(b) requires no…
• United States v. Masat, 896 F.2d 88 (5th Cir. 1990)
  …ted States v. Busic, 592 F. 2d 13, 20 (2d Cir.1978), and the testimony relates to “a complaint, an affliction, or a psychological characteristic susceptible to clinical evaluation.” United States v. Ellsworth, 738 F. 2d 333 (8th Cir.), cert. denied, 469 U.S. 1042, 105 S.Ct. 528, 83 L.Ed.2d 415 (1984). A conviction for tax evasion requires a finding of specific intent, and Ma-sat contends that without expert testimony, lay jurors could not perceive the effect of paranoia and Post Traumatic Stress Disorder on…
• United States v. Fuller, 887 F.2d 144 (8th Cir. 1989)
  …dence of defense counsel’s misconduct. The request was denied. Since Fuller failed to object at the time of the argument, we review this matter under the plain error standard. United States v. Ellsworth, 738 F. 2d 333, 337 (8th Cir.), cert. denied, 469 U.S. 1042, 106 S.Ct. 528, 83 L.Ed.2d 415 (1984). Reversal is warranted only if we find that the government’s remarks “affected substantial rights resulting in a miscarriage of justice.” Id. We are less than overwhelmed by Fuller’s position on this issue. The…