ANDREWS

v.

UNITED STATES

Citator

Cited By (19 total)

• State v. Powell, 674 So. 2d 731 (Fla. 1996)
  …BUT ONE OF THE CO-CONSPIRATORS ARE ACQUITTED, REMAIN VIABLE IN FLORIDA FOLLOWING THE DECISIONS IN UNITED STATES v. POWELL, 469 U.S. 57 [105 S.Ct. 471, 83 L.Ed.2d 461] (1984) AND UNITED STATES v. ANDREWS, 850 F. 2d 1557 (11TH CIR.1988), CERT. DENIED, 488 U.S. 1032 [109 S.Ct. 842, 102 L.Ed.2d 974] (1989), THE LATTER OF WHICH OVERRULED FEDERAL CASE LAW UPON WHICH THE FLORIDA EXCEPTION WAS ORIGINALLY BASED? State v. Powell, 659 So. 2d 1301 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const…

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• State v. Powell, 659 So. 2d 1301 (Fla. 1st DCA 1995)
  …aw, including Herman v. United States, 289 F. 2d 362 (5th Cir.), cert. denied, 368 U.S. 897, 82 S.Ct. 174, 7 L.Ed.2d 93 (1961), which has since been overruled by the decision in United States v. Andrews, 850 F. 2d 1557 (11th Cir.1988), cert. denied, 488 U.S. 1032, 109 S.Ct. 842, 102 L.Ed.2d 974 (1989). The general rule that inconsistent verdicts in criminal cases are permissible was established long ago in Dunn v. United States, 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356 (1932). Then, in 1961, the Fifth Circu…

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• United States v. Riley Harrington Keller, III, 916 F.2d 628 (11th Cir. 1990)
  …ns expanded the possible bases on which to convict the defendant and thus constituted an amendment to the indictment. Id. In a case similar to this one, this court in United States v. Andrews, 850 F. 2d 1557 (11th Cir.1988) (en banc), cert. denied, 488 U.S. 1032, 109 S.Ct. 842, 102 L.Ed.2d 974 (1989), rejected a claim that the trial court had amended the indictment on a conspiracy charge.6 Id. at 1560. The court noted that in determining if an amendment occurred, jury instructions must be examined in light…

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