ACCOLLA

v.

SULLIVAN, SUPERINTENDENT, SING SING CORRECTIONAL FACILITY, ET AL.

Citator

Cited By

• United States v. Koen, 982 F.2d 1101 (7th Cir. 1992)
  …urally and necessarily take it to be a comment on the failure of the accused to testify.’ ” United States ex rel. Lee v. Flannigan, 884 F. 2d 945, 954 (7th Cir.1989) (quoting United States v. DiCaro, 852 F. 2d 259, 263 (7th Cir.1988)), cert. denied, 497 U.S. 1027, 110 S.Ct. 3277, 111 L.Ed.2d 786 (1990); see also Freeman, 962 F. 2d at 1260 n. 6 (collecting cases); Goodapple, 958 F. 2d at 1405 (stating that an indirect comment on defendant’s refusal to testify will violate the Fifth Amendment “only if the comm…
• Lilly v. Gilmore, 988 F.2d 783 (7th Cir. 1993)
  …hen a state evidentiary ruling violates the defendant’s right to a fundamentally fair trial” under the Due Process Clause. Haas v. Abrahamson, 910 F. 2d at 389; United States ex rel. Lee v. Flannigan, 884 F. 2d 945, 952 (7th Cir.1989), cert. denied, 497 U.S. 1027, 110 S.Ct. 3277, 111 L.Ed.2d 786 (1990). In determining whether the exclusion of evidence violated an accused’s constitutional rights, we must examine whether the proffered evidence was relevant, material, and vital to the defense, and whether the…
• United States v. Clark, 989 F.2d 1490 (7th Cir. 1993)
  …him, and we therefore assume, as the district court did, that it does. And that is a reassuring indicium of reliability of the identification,- if not a conclusive one. Id. In United States v. Flannigan, 884 F. 2d 945 (7th Cir.1989), cert. denied, 497 U.S. 1027, 110 S.Ct. 3277, 111 L.Ed.2d 786 (1990), the victim gave a similarly generic description of his attacker. The assailant was described as a slender white 18 year-old male, between 5'10" and 6' tall with long blond hair. Id. at 949. We concluded that…