SAILOR

v.

SCULLY, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, ET AL.

Citator

Cited By (14 total)

• United States v. Beale, 921 F.2d 1412 (11th Cir. 1991)
  …t court did not afford protection. Id. The principal inquiry is whether confronted with the evidence the jury could make individualized determinations as to each defendant. United States v. Dorsey, 819 F. 2d 1055, 1058 (11th Cir.1987), cert. denied, 486 U.S. 1025, 108 S.Ct. 2002, 100 L.Ed.2d 233 (1988). The general rule is that defendants charged with a common conspiracy should be tried together. Capo, 693 F. 2d at 1330. In most joint trials, the evidence will implicate some participants to a greater extent…
• United States v. Smith, 918 F.2d 1551 (11th Cir. 1990)
  …e evidence relevant to the respective defendants. United States v. Leavitt, 878 F. 2d 1329, 1340 (11th Cir.), cert. denied, — U.S. -, 110 S.Ct. 415, 107 L.Ed.2d 380 (1989); United States v. Dorsey, 819 F. 2d 1055, 1058 (11th Cir.1987), cert. denied, 486 U.S. 1025, 108 S.Ct. 2002, 100 L.Ed.2d 233 (1988). If a defendant participated in one aspect of a conspiracy and is tried with coconspirators, then severance necessarily is not warranted because it is presumed that the court’s cautionary instructions regardin…

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• United States v. Hernandez, 896 F.2d 513 (11th Cir. 1990)
  …probative value of the evidence must also consider the similarity between the extrinsic and charged offenses and the time gap between the two offenses. Id. at 915; see also United States v. Dorsey, 819 F. 2d 1055, 1061 (11th Cir.1987), cert. denied, 486 U.S. 1025, 108 S.Ct. 2002, 100 L.Ed.2d 233 (1988); United States v. Wyatt, 762 F. 2d 908, 911 (11th Cir.1985), cert. denied, 475 U.S. 1047, 106 S.Ct. 1266, 89 L.Ed.2d 575 (1986). Giral does not deny that he had been convicted in 1985 for possession with inte…