TRAHAN

v.

NEBRASKA

Citator

Cited By

• State v. Fisher, 591 So. 2d 1049 (Fla. 5th DCA 1991)
  …bage cans located on driveway fifty feet south of residence, twenty feet from unattached garage, twenty-five to thirty feet west of street and eighteen feet west of public sidewalk); State v. Trahan, 229 Neb. 683, 428 N.W. 2d 619 (Neb.), cert. den., 488 U.S. 995, 109 S.Ct. 561, 102 L.Ed.2d 586 (1988) (no reasonable expectation of privacy in contents of garbage can located four feet away from back door of trailer). But see State v. Boland, 115 Wash.2d 571, 800 P. 2d 1112 (Wash.1990) (reasonable expectation o…
• United States v. Sullivan, 919 F.2d 1403 (10th Cir. 1990)
  …ates v. Doran, 882 F. 2d at 1523. In some conspiracy cases we have upheld the admission of evidence to establish identity, intent, motive, or plan as relevant and proper. See, e.g., United States v. Mora, 845 F. 2d 233, 237 (10th Cir.) cert. denied, 488 U.S. 995, 109 S.Ct. 562, 102 L.Ed.2d 587 (1988); United States v. Davis, 780 F. 2d 838, 847 (10th Cir.1985). When specifically relevant in such circumstances, particular history of a conspiracy may be probative. Here, however, the prosecutor made no effort t…
• United States v. Jefferson, 925 F.2d 1242 (10th Cir. 1991)
  …son.” Id. at 258-59. Anthony argues that the question posed by the government coupled with Boyles’ answer amounted to an impermissible comment on Anthony’s silence. We disagree. Under United States v. Mora, 845 F. 2d 233 (10th Cir.), cert. denied, 488 U.S. 995, 109 S.Ct. 562, 102 L.Ed.2d 587 (1988), the test to determine whether the government impermissibly commented on the accused’s silence is “whether the language used was manifestly intended or was of such character that the jury would naturally and ne…