LINELL

v.

ARKANSAS

Citator

Cited By (14 total)

• United States v. Hathaway, 798 F.2d 902 (6th Cir. 1986)
  …ements complained of were false, defendants must have known them to be false and they must have intended to defraud in order to be found guilty. Id. at 76-77 (citation omitted). In United States v. Stull, 743 F. 2d 439 (6th Cir.1984), cert. denied, 470 U.S. 1062, 105 S.Ct. 1779, 84 L.Ed.2d 838 (1985), we expressly held that the following jury instruction defining false or fraudulent statements “conformed to the prevailing legal standard”: A statement or representation is false or fraudulent if the maker of…
• United States v. Hiland, 909 F.2d 1114 (8th Cir. 1990)
  …es, knowledge of the essential nature of the alleged fraud is a component of the intent to defraud. See, e.g., United States v. Sedovic, 679 F. 2d 1233, 1238-39 (8th Cir.1982); United States v. Stull, 743 F. 2d 439, 442 (6th Cir.1984), cert. denied, 470 U.S. 1062, 105 S.Ct. 1779, 84 L.Ed.2d 838 (1985); United States v. Pearlstein, 576 F. 2d 531, 537 (3d Cir.1978). The only decision directly addressing the meaning of § 333(a)(2)’s intent requirement adheres to this basic principle. See United States v., Indus…
• United States v. Causey, 834 F.2d 1277 (6th Cir. 1987)
  …l contention is that he was denied a fair trial because of his joinder with the other codefendants. As a general rule, persons jointly indicted should be tried together. See United States v. Stull, 743 F. 2d 439, 446-47 (6th Cir.1984), cert. denied, 470 U.S. 1062, 105 S.Ct. 1779, 84 L.Ed.2d 838 (1985). When a defendant seeks severance, he has a heavy burden of showing specific and compelling prejudice, and denial of severance will be overruled on appeal only for a clear abuse of discretion. United States v…