GREIF ET AL.

v.

CITY OF BEDFORD, OHIO

Citator

Cited By

• Harris v. State, 660 So. 2d 378 (Fla. 5th DCA 1995)
  …it could consider whether a witness had previously been convicted of a felony or a crime involving dishonesty or a false statement in weighing his or her credibility). See, e.g., United States v. Beard, 761 F. 2d 1477, 1481 (11th Cir.), cert. den., 474 U.S. 907, 106 S.Ct. 239, 88 L.Ed.2d 240 (1985) (district court properly instructed jury to exercise care in considering credibility of government informant previously convicted of a felony or crime involving dishonesty or a false statement and who used drugs…
• United States v. Mervyn Harold Cross, 928 F.2d 1030 (11th Cir. 1991)
  …d not adversely affect Cross’s ability to raise this issue on appeal. See Fed.R.Crim.P. 12(e) (determination of pre-trial motions may be postponed until trial "for good cause"); United States v. Beard, 761 F. 2d 1477, 1479 (11th Cir.), cert. denied, 474 U.S. 907, 106 S.Ct. 239, 88 L.Ed.2d 240 (1985). . Because it challenged the truth of the indictment’s allegations, the district judge properly determined that the immunity issue presented a factual question for the jury, and that it was therefore not within…
• Roussell v. Jeane, 842 F.2d 1512 (5th Cir. 1988)
  ….Ct. 1252, 1255, 92 L.Ed. 1690 (court cannot rely on assumed convictions that, in fact, did not exist); McAffee v. Procunier, 761 F. 2d 1124, 1126 (5th Cir.) (court cannot rely on criminal record for which there is no record evidence), cert. denied, 474 U.S. 907, 106 S.Ct. 237, 88 L.Ed.2d 238 (1985). It is improper to rely on an assumption about the evidence that is unsupported by the record. United States v. Tobias, 662 F. 2d 381, 388 (5th Cir.1981) (no support for assumption that defendant procured narcot…