LAVELLE

v.

UNITED STATES

Citator

Cited By (14 total)

• United States v. Zabaneh, 837 F.2d 1249 (5th Cir. 1988)
  …nom. Weempe v. United States, 474 U.S. 863, 106 S.Ct. 179, 88 L.Ed.2d 148 (1985) (remanding for failure to make mandatory probative/prejudice determination under rule 609); United States v. Lavelle, 751 F. 2d 1266, 1279-80 (D.C.Cir.), cert. denied, 474 U.S. 817, 106 S.Ct. 62, 88 L.Ed.2d 51 (1985) (following Robinson). . Both the Government and appellant erroneously asserted at trial that the requirement was clear and convincing proof. We abandoned that standard when we specifically overruled United States…
• United States v. Perholtz, 842 F.2d 343 (D.C. Cir. 1988)
  …in the case except to show the likelihood that, having once fallen into sin, a second slip is likely.” United States v. Lavelle, 751 F. 2d 1266, 1275 n. 11 (D.C.Cir.) (quoting United States v. James, 555 F. 2d 992, 999 (D.C.Cir.1977)), cert. denied, 474 U.S. 817, 106 S.Ct. 62, 88 L.Ed.2d 51 (1985). The evidence is highly probative of efforts to further an ongoing scheme to defraud and demonstrate conscious awareness of guilt on the part of the defendants. See United States v. Hammond, 781 F. 2d 1536, 1540 (…
• United States v. van Hemelryck, 945 F.2d 1493 (11th Cir. 1991)
  …coconspirators should generally be tried jointly. United States v. Leavitt, 878 F. 2d 1329, 1340 (11th Cir.1989), cert. denied, 493 U.S. 968, 110 S.Ct. 415, 107 L.Ed.2d 380 (1989); United States v. Benz, 740 F. 2d 903 (11th Cir.1984), cert. denied, 474 U.S. 817, 106 S.Ct. 62, 88 L.Ed.2d 51 (1985). However, Federal Rule of Criminal Procedure 14 allows the court to sever certain defendants or counts in order to eliminate prejudice caused by joinder. A motion for severance is within the sound discretion of t…