BARTHOLOMEW
v.
UNITED STATES

U.S. | 1989-10-02
No. 89-5288
493 U.S. 867 Supreme Court of the United States (1989) Positive Treatment
Cited by 4 cases

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  • United States v. Hogan, 986 F.2d 1364 (11th Cir. 1993)
    …a reasonable doubt." United States v. Jones, 913 F. 2d 1552, 1557 (11th Cir.1990). We are bound to accept reasonable inferences and credibility choices made by the fact-finder. United States v. Roper, 874 F. 2d 782, 787 (11th Cir.), cert. denied, 493 U.S. 867, 110 S.Ct. 189, 107 L.Ed.2d 144, and cert. denied, 493 U.S. 955, 110 S.Ct. 369, 107 L.Ed.2d 355 (1989). Because there is "rarely any direct evidence of an agreement to join a criminal conspiracy," such a conspiracy may be proven by the use of circ…
  • United States v. Eyster, 948 F.2d 1196 (11th Cir. 1991)
    …onspirator can be held accountable for the reasonably foreseeable substantive offenses committed by his coconspirators whether or not he personally participated. Id.; see also United States v. Roper, 874 F. 2d 782, 787-88 (11th Cir.), cert. denied, 493 U.S. 867, 110 S.Ct. 189, 107 L.Ed.2d 144 and cert. denied, 493 U.S. 955, 110 S.Ct. 369, 107 L.Ed.2d 355 (1989). . Where the defendant does not object to comments made by the prosecution at trial, the standard of review is plain error. United States v. Herna…
  • United States v. Saldarriaga, 987 F.2d 1526 (11th Cir. 1993)
    …The decision whether to grant a mistrial is within the sound discretion of the trial court and will not be reversed unless the record reflects that the court abused that discretion. United States v. Roper, 874 F. 2d 782 (11th Cir.), cert. denied, 493 U.S. 867, 110 S.Ct. 189, 107 L.Ed.2d 144 (1989). Saldarriaga’s appeal focuses on the timing of Navarro’s death. He argues that because both his and his co-defendant’s counsel, in their opening statements, had promised the jury they would hear from Navarro,…

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