COOK

v.

LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

Citator

Cited By (23 total)

• United States v. McNEESE, 901 F.2d 585 (7th Cir. 1990)
  …t is one of form only: when mere surplusage is eliminated, nothing is added to the indictment, and the remaining allegations state the essential elements of the offense. United States v. Sazenski, 833 F. 2d 741, 743-44 (8th Cir. 1987), cert. denied, 485 U.S. 908, 108 S.Ct. 1083, 99 L.Ed.2d 242 (1988) (citing United States v. Burnett, 582 F. 2d 436, 438 (8th Cir.1976)). Surplusage can include those offenses alleged in the indictment that were not the bases upon which the jury returned its verdict. [*604] “…
• United States v. Morgan, 936 F.2d 1561 (10th Cir. 1991)
  …ative value [of the evidence] outweigh[ed] its prejudicial effect.” We give broad discretion to the trial court in making this determination. Record, 873 F. 2d at 1375 (citing United States v. Esch, 832 F. 2d 531, 535 (10th Cir.1987), certs. denied, 485 U.S. 908, 108 S.Ct. 1084, 99 L.Ed.2d 242, 485 U.S. 991, 108 S.Ct. 1299, 99 L.Ed.2d 509 (1988)). [*1573] Moreover, we find the evidence was highly probative on the issues of identity, absence of mistake or accident, and similarity in the charged plan or schem…
• United States v. Spears, 965 F.2d 262 (7th Cir. 1992)
  …fore, prohibited by the Fourth Amendment. Unquestionably, the Fourth Amendment’s guarantee against unreasonable searches and seizures proscribes general or open-ended warrants. United States v. Brown, 832 F. 2d 991, 996 (7th Cir.1987), cert. denied, 485 U.S. 908, 108 S.Ct. 1084, 99 L.Ed.2d 243 (1988) (citing Dalia v. United States, 441 U.S. 238, 255, 99 S.Ct. 1682, 1692, 60 L.Ed.2d 177 (1979)). The officers executing the warrant must be able to identify the things to be seized with reasonable certainty. I…