O'DELL

v.

UNITED STATES

Citator

Cited By (29 total)

• Rakovich v. Wade, 850 F.2d 1180 (7th Cir. 1988)
  …ever, where, in addition to failing to object, the defendant proposes the very instruction given (the situation here), he or she cannot later complain of error. Will v. Comprehensive Accounting Corp., 776 F. 2d 665, 675 (7th Cir.1985), cert. denied, 475 U.S. 1129, 106 S.Ct. 1659, 90 L.Ed.2d 201 (1986). As a result, instructions not properly objected to become what is often called the “law of the case.” Williamson, 817 F. 2d at 1296. See Trattles, 732 F. 2d at 1324-25. This status as law of the case is very l…
• Zimmerman v. First Fed. Sav. & Loan Ass'n OF Rapid City, 848 F.2d 1047 (10th Cir. 1988)
  …ive with the legal theory reflected in instructions to which it does not object.” Davis v. Consolidated Rail Corp., 788 F. 2d 1260, 1268 (7th Cir.1986) (quoting Will v. Comprehensive Accounting Corp., 776 F. 2d 665, 675 (7th Cir.1985), cert. denied, 475 U.S. 1129, 106 S.Ct. 1659, 90 L.Ed.2d 201 (1986)). Therefore, “[t]his court will not review instructions given to which no objections were lodged before the jury retired for deliberation unless they are patently plainly erroneous and prejudicial.” Moe v. Avi…
• Roboserve, Ltd. v. Tom's Foods, Inc., 940 F.2d 1441 (11th Cir. 1991)
  …r less strictly applied and varies with the nature of the issue presented for review. See, e.g., Rixey v. West Paces Ferry Hosp., Inc., 916 F. 2d 608, 612 (11th Cir.1990); Deas v. PACCAR, Inc., 775 F. 2d 1498, 1503-04 (11th Cir.1984), cert. denied, 475 U.S. 1129, 106 S.Ct. 1658, 90 L.Ed.2d 201 (1986). This situation presents a conflict between the jury, as constitutionally appointed fact finder, and the trial judge, whose “unique opportunity to consider the evidence in the living courtroom context must be…