CHARRETTE

v.

CALIFORNIA

Citator

Cited By (19 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. 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…
• United States v. Frank Church, 955 F.2d 688 (11th Cir. 1992)
  …e enterprise, then we will not find a variance. Further, reversal is warranted only if the variance (1) was material and (2) substantially prejudiced the defendant. See United States v. Caporale, 806 F. 2d 1487, 1499 (11th Cir.1986), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). 1. Material Variance Coppola argues that the government failed to prove one enterprise lasting from 1973 to 1986, proving instead two separate enterprises, one lasting from 1973 to 1980 and another that did n…