GREEN

v.

DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE

Citator

Cited By (13 total)

• Dingle v. State, 654 So. 2d 164 (Fla. 3d DCA 1995)
  …defendant was prejudiced by the trial court’s denial of the motion requesting the expert assistance. The Cade court followed the “developed assertion of reasonable necessity” test enunciated in Moore v. Kemp, 809 F. 2d 702 (11th Cir.), cert. denied, 481 U.S. 1054, 107 S.Ct. 2192, 95 L.Ed.2d 847 (1987). This test appears to take into consideration the only requirement enunciated in section 914.06, that the expert’s opinion be “relevant to the issues of the case.” To determine whether the court abused its d…
• Cade v. State, 658 So. 2d 550 (Fla. 5th DCA 1995)
  …54] 633 (5th Cir.1991), the Fifth Circuit held that non-psychiatric experts should be provided only if the evidence is both critical to the conviction and subject to varying expert opinions. In Moore v. Kemp, 809 F. 2d 702 (11th Cir.), cert. denied, 481 U.S. 1054, 107 S.Ct. 2192, 95 L.Ed.2d 847 (1987), the Eleventh Circuit said the defendant must show the trial court that there exists a reasonable probability both that the expert would be of assistance to the defense and that a denial of expert assistance wo…

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• United States v. Meros, 866 F.2d 1304 (11th Cir. 1989)
  …mandate applicable. See United States v. Rivera Pedin, 861 F. 2d 1522, 1529-30 (11th Cir.1988) (false testimony that witness had not tried to solicit a bribe from defendant); Moore v. Kemp, 809 F. 2d 702, 719-20 (11th Cir.) (en banc), cert. denied, 481 U.S. 1054, 107 S.Ct. 2192, 95 L.Ed.2d 847 (1987) (false testimony that witness had not been given immunity from prosecution); Williams v. Griswald, 743 F. 2d 1533, 1541-42 (11th Cir.1984) (false testimony that witness was under no pressure from anyone to test…