COHEN ET AL.

v.

NEW MEXICO

Citator

Cited By (28 total)

• United States v. Norbert Schlei, 122 F.3d 944 (11th Cir. 1997)
  …atter of law, a claim of witness intimidation cannot be asserted in a motion for a new trial absent a showing that someone had been convicted of “witness tampering.” Relying on United States v. Holloway, 778 F. 2d 653 (11th Cir.1985), cert. denied, 476 U.S. 1158, 106 S.Ct. 2276, 90 L.Ed.2d 719 (1986), the Government argues that “Schlei does not even suggest that he was prejudiced by the prosecutor’s conduct.” The Government’s reliance on Holloway is misplaced. This court held in Holloway that there was no…
• Country Floors, Inc. v. A P'ship Composed OF Charley Gepner & Gary Ford, 930 F.2d 1056 (3d Cir. 1991)
  …pts about level of threat, degree of harm and the relative increase of damage. These factors may need to be addressed in a factual context as the case proceeds. Cf. Tandy Corp. v. Malone & Hyde, Inc., 769 F. 2d 362, 366 (6th Cir.1985), cert. denied, 476 U.S. 1158, 106 S.Ct. 2277, 90 L.Ed.2d 719 (1986) (noting that trademark owners must be “afforded some latitude to assess both the impact of another’s use of an allegedly infringing trademark as well as the wisdom of pursuing litigation on the issue”). The app…
• United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990)
  …, “[t]he Sixth Amendment’s guarantee of an impartial jury ... is an obligation of the nation, not the accused. It is not his duty to provide an impartial jury.” Levine v. United States District Court, 764 F. 2d 590, 602 (9th Cir.1985), cert. denied, 476 U.S. 1158, 106 S.Ct. 2276, 90 L.Ed.2d 719 (1986). In our nation, the courts are charged with safeguarding a defendant’s right to a fair trial and with cautiously balancing First Amendment and Sixth Amendment interests. “It is not asking too much to suggest th…