MARSHBURN

v.

UNITED STATES POSTAL SERVICE

Citator

Cited By

• United States v. Jones, 913 F.2d 1552 (11th Cir. 1990)
  …It was not clearly erroneous, as Minyard asserts, to find the statements recorded to be in furtherance of the conspiracy simply because David Jones had already been arrested. United States v. Casamayor, 837 F. 2d 1509 (11th Cir.1988), cert. denied, 488 U.S. 1017, 109 S.Ct. 813, 102 L.Ed.2d 803 (1989). In Casamayor, this Court held that taped statements of codefendants obtained by a coconspirator cooperating with the government were admissible even though some coconspirators had already been arrested. Id. at…
• United States v. North, 910 F.2d 843 (D.C. Cir. 1990)
  …s been applied in criminal cases as well. See, e.g., United States v. Aguon, 851 F. 2d 1158, 1170 (9th Cir.1988) (en banc); United States v. Casamayor, 837 F. 2d 1509, 1515 (11th Cir.1988) (per curiam), cert. denied sub nom. Barker v. United States, 488 U.S. 1017, 109 S.Ct. 813, 102 L.Ed.2d 803 (1989). Read along with the concurrences of five Justices, McDonough suggests that an aggrieved party must show that the juror’s correct response at voir dire would have demonstrated actual bias. Three Justices expla…
• United States v. Simon, 964 F.2d 1082 (11th Cir. 1992)
  …shifting of the burden of proof can be cured by a court’s instruction regarding the burden of proof. See Duncan v. Stynchcombe, 704 F. 2d 1213, 1216 (11th Cir.1983); see also United States v. Casamayor, 837 F. 2d 1509 (11th Cir.1988), cert. denied, 488 U.S. 1017, 109 S.Ct. 813, 102 L.Ed.2d 803 (1989); United States v. Johnson, 713 F. 2d 633, 651 (11th Cir.1983), cert. denied, 465 U.S. 1081, 104 S.Ct. 1447, 79 L.Ed.2d 766 (1984). Considerable weight is given to the trial judge’s assessment of the prejudicia…