DAVIS

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By

• Hoover v. Garfield Heights Mun. Court, 802 F.2d 168 (6th Cir. 1986)
  …dded). Other circuit decisions, however, have found that omitting an instruction on an essential element may constitute harmless error under certain circumstances. The Eighth Circuit in Redding v. Benson, 739 F. 2d 1360 (8th Cir.1984) cert. denied, 469 U.S. 1222, 105 S.Ct. 1210, 84 L.Ed.2d 352 (1985), was presented with a claim that a state trial court’s failure to instruct on a material element of attempted theft was “a due process violation so basic and fundamental that it [could] never be considered harm…
• Teel v. Tennessee, 498 U.S. 1007 (U.S. 1990)
  …A6 1986); United States v. Howard, 506 F. 2d 1131, 1133-1134 (CA2 1974); United States v. Gaither, 440 F. 2d 262, 264 (CADC 1971). Others have held that harmless-error analysis can apply. Redding v. Benson, 739 F. 2d 1360 (CA8 1984), cert. denied, 469 U. S. 1222 (1985); Bell v. Watkins, 692 F. 2d 999, 1004 (CA5 1982). The depth of this conflict underscores the importance of the question. Both considerations counsel for a grant of certiorari.…
• United States v. Klecan, 859 F.2d 570 (8th Cir. 1988)
  …verdict the jury specifically found that, as to each count, the government proved beyond a reasonable doubt that the value of the converted property was in excess of $500. See Redding v. Benson, 739 F. 2d 1360, 1363-64 (8th Cir.1984), cert. denied, 469 U.S. 1222, 105 S.Ct. 1210, 84 L.Ed.2d 352 (1985). [*572] Klecan also argues that there was insufficient evidence on which the jury could find that the value of the grain exceeded $500. We disagree. In considering a challenge to the sufficiency of the evidence…