JENKINS

v.

NEW JERSEY

Citator

Cited By

• Bateman v. Mnemonics, Inc., 79 F.3d 1532 (11th Cir. 1996)
  …object to the instruction when it was given. “[I]f no objection to the instructions was raised at trial, we only review for plain error.” Starke, 62 F. 3d at 1380 (citing United States v. Andrews, 850 F. 2d 1557, 1559 (11th Cir.1988), cert. denied, 488 U.S. 1032, 109 S.Ct. 842, 102 L.Ed.2d 974 (1989)). Under the plain error standard, an instruction will not be reversed “unless ‘the charge, considered as a whole, is so clearly erroneous as to result in a likelihood of a grave miscarriage of justice,’ or th…
• United States v. Frank Church, 955 F.2d 688 (11th Cir. 1992)
  …stent verdicts on a conspiracy count, however, do not defeat the propriety of a defendant’s conviction, even if every defendant but one is acquitted of conspiracy. See United States v. Andrews, 850 F. 2d 1557, 1561-62 (11th Cir.1988), cert. denied, 488 U.S. 1032, 109 S.Ct. 842, 102 L.Ed.2d 974 (1989); see also United States v. Powell, 469 U.S. 57, 67, 105 S.Ct. 471, 478, 83 L.Ed.2d 461 (1984) (noting that sufficiency-of-the-evidence review is separate from, and should not be confused with, problems caused b…