CARWILE

v.

KENTUCKY

Citator

Cited By (23 total)

• United States v. Ilario M.A. Zannino, 895 F.2d 1 (1st Cir. 1990)
  …ss, 830 F. 2d 842, 861-62 (8th Cir.1987); United States v. Williams, 809 F. 2d 1072, 1085-86 (5th Cir.), cert. denied, 484 U.S. 896, 108 S.Ct. 228, 98 L.Ed.2d 187 (1987); United States v. Caporale, 806 F. 2d 1487, 1510 (11th Cir.1986), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). The happenstance that appellant was not tried on the RICO count did not alter the calculus; indeed, the same joinder principle applies even if the RICO offense was not charged against the particular defendant.…
• United States v. Starrett, 55 F.3d 1525 (11th Cir. 1995)
  …r of defendants in the case, and the number of predicate acts charged, there is a substantial likelihood that the jury transferred evidence from one defendant to another. United States v. Caporale, 806 F. 2d 1487, 1500 (11th Cir.1986), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). Any variance in this case between the indictment and the proof at trial is not so great as to support a claim of unfair surprise. Furthermore, the fact that the jury actually acquitted Duke and Starrett on…
• United States v. Mervyn Harold Cross, 928 F.2d 1030 (11th Cir. 1991)
  …h Cir. Unit B 1981).18 See also United States v. Caporale, 806 F. 2d 1487, 1510 (11th Cir.1986) (severance mandated only when “the jury will infer that both defendants are guilty solely because of the conflict” between their defenses), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). Lodge’s and Cross’s defenses at trial, however, were not so incompatible that the jury could not reasonably have decided on a version of events that accommodated both of their theories. See Castillo-Valencia…