LEPMAN

v.

NEW JERSEY RACING COMMISSION

Citator

Cited By (28 total)

• Gilbreath v. State, 650 So. 2d 10 (Fla. 1995)
  …ate are not prohibited. Harassment, in this case, thus is not protected merely because it is accomplished using a telephone.” Thorne v. Bailey, 846 F. 2d 241, 243 (4th Cir.) (quoting State v. Thome, 175 W.Va. 452, 333 S.E. 2d 817, 819 cert. denied, 474 U.S. 996, 106 S.Ct. 413, 88 L.Ed.2d 363 (1985)), cert. denied, 488 U.S. 984, 109 S.Ct. 538, 102 L.Ed.2d 569 (1988). The petitioner acknowledges, as do we, that “[t]he State’s interest in protecting the well-being, tranquility, and privacy of the home is cer…
• United States v. Epifanio Sanchez-Lopez, 879 F.2d 541 (9th Cir. 1989)
  ….) (although jury may have accepted the evidence for its truth, “given the relevant non-hearsay use, and the fact that the defendant could have obtained a limiting instruction” the district court did not err in admitting the evidence), cert. denied, 474 U.S. 996, 106 S.Ct. 411, 88 L.Ed.2d 361 (1985). Error in the admission of the hearsay evidence, however, does not compel reversal. Under Rule 52(a) of the Federal Rules of Criminal Procedure, “[a]ny error, defect, irregularity or variance which does not aff…
• United States v. Cresta, 825 F.2d 538 (1st Cir. 1987)
  …zziello findings is permitted under the law of this circuit, as long as the independent, non-hearsay evidence is “sufficient to show, more likely than not” that a conspiracy existed. United States v. Crooks, 766 F. 2d 7, 11 (1st Cir.), cert. denied, 474 U.S. 996, 106 S.Ct. 421, 88 L.Ed.2d 362 (1985); see also United States v. Johnston, 784 F. 2d 416, 422 (1st Cir.1986). We are satisfied that the independent evidence was sufficient to establish a conspiracy. Impemba was convicted of conspiring to import mar…