LAYTON

v.

UNITED STATES

Citator

Cited By (11 total)

• United States v. Skillman, 922 F.2d 1370 (9th Cir. 1990)
  …commonly, though not necessarily, an emotional one.” Fed.R.Evid. 403 advisory committee’s note; see also United States v. Layton, 855 F. 2d 1388, 1402 (9th Cir.1988) (“Rule 403 precludes only unfair prejudice.”) (emphasis in original), cert. denied, 489 U.S. 1046, 109 S.Ct. 1178, 103 L.Ed.2d 244 (1989); United States v. Bailleaux, 685 F. 2d 1105, 1111 & n. 2 (9th Cir.1982) (prejudice alone is insufficient; unfair prejudice is required). It is evidence which “appeals to the jury’s sympathies, arouses its sens…
• United States v. Horst Werner Joetzki, 952 F.2d 1090 (9th Cir. 1991)
  …d States v. Kinslow, 860 F. 2d 963, 968 (9th Cir.1988), cert. denied, 493 U.S. 829, 110 S.Ct. 96, 107 L.Ed.2d 60 (1989), and its decision is accorded considerable deference. United States v. Layton, 855 F. 2d 1388, 1402 (9th Cir.1988), cert. denied, 489 U.S. 1046, 109 S.Ct. 1178, 103 L.Ed.2d 244 (1989). Lack of fraudulent intent was the primary defense Joetzki and Gisner advanced at trial. They argued that their enterprise was legitimate and that they intended to make good on the checks written on the Merri…
• United States v. Millard P. Chambers, 918 F.2d 1455 (9th Cir. 1990)
  …and (2) that the defendant was prejudiced by reason of counsel’s actions.” United States v. Layton, 855 F. 2d 1388, 1414 (9th Cir.1988) (quoting Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984)), cert. denied, 489 U.S. 1046, 109 S.Ct. 1178, 103 L.Ed.2d 244 (1989). To establish prejudice, Chambers “must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S.…