ALKHOVSKY

v.

ILLINOIS

Citator

Cited By

• United States v. Santos, 932 F.2d 244 (3d Cir. 1991)
  …ll, 725 F. 2d 832 (2d Cir.1983), and our opinion in United States v. Berkery, 889 F. 2d 1281 (3d Cir.1989). [*249] In Mitchell, the Second Circuit announced a federal criminal rule, see Smith v. Kelso, 863 F. 2d 1564, 1573 (11th Cir.), cert. denied, 490 U.S. 1072, 109 S.Ct. 2079, 104 L.Ed.2d 644 (1989), that once a defendant introduces sufficient evidence of the elements of duress to implicate that defense, the defense should go before the jury, before which the government bears the burden to disprove duress…
• Stano v. Dugger, 921 F.2d 1125 (11th Cir. 1991)
  …specially concurring) (reviewing court evaluates whether trial judge committed constitutional error in denying motion for severance based on circumstances before judge at time, and not from perspective of “Monday morning quarterback”), cert. denied, 490 U.S. 1072, 109 S.Ct. 2079, 104 L.Ed.2d 644 (1989); Moore v. Kemp, 809 F. 2d 702, 710 (11th Cir.1987) (en banc) (assessing reasonableness of trial judge’s action in denying defendant’s request for expert witness as of “the time [the trial judge] took it”); Ste…