HAYES

v.

UNITED STATES

Citator

Cited By (12 total)

• United States v. Rivera-Santiago, 872 F.2d 1073 (1st Cir. 1989)
  …ppropriate subject of inquiry is within the sound discretion of the trial court.” United States v. Alford, 282 U.S. 687, 694, 51 S.Ct. 218, 220, 75 L.Ed. 624 (1931). See also United States v. Mazza, 792 F. 2d 1210, 1228 (1st Cir.1986), cert. denied, 479 U.S. 1086, 107 S.Ct. 1290, 94 L.Ed.2d 147 (1987); United States v. Silvestri, 790 F. 2d 186, 190-91 (1st Cir.), cert. denied, 479 U.S. 857, 107 S.Ct. 197, 93 L.Ed.2d 129 (1986). The test on review of restriction on cross-examination is abuse of discretion. Un…
• United States v. Sherlock, 962 F.2d 1349 (9th Cir. 1989)
  …of the case. “It is not error to refuse a proposed instruction if the other instructions, when viewed in their entirety, cover that theory.” Ibarra-Alcarez, 830 F. 2d at 973; United States v. Hayes, 794 F. 2d 1348, 1351 (9th Cir.1986), cert. denied, 479 U.S. 1086, 107 S.Ct. 1289, 94 L.Ed.2d 146 (1987). The court did not abuse its discretion in refusing defendants’ proposed instruction and in giving this circuit’s model instruction. CONCLUSION We REVERSE Sherlock’s conviction and remand for a new trial. WE…
• United States v. ST. Michael's Credit Union & Janice Sacharczyk, 880 F.2d 579 (1st Cir. 1989)
  …affect substantial rights”). Compare Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967) (higher standard for federal constitutional error). United States v. Mazza, 792 F. 2d 1210, 1216, 17 (1st Cir.1986), cert. denied, 479 U.S. 1086, 107 S.Ct. 1290, 94 L.Ed.2d 147 (1987). We have analyzed the record as required and cannot say with any sanguinity that the jury’s verdict would have been the same absent the tainted evidence. This was a very close case. The evidence was barely suff…