GARCIA-VADA
v.
UNITED STATES; AND MORAN V. UNITED STATES

U.S. | 1990-10-01
Nos. 90-5336; No. 90-5398
498 U.S. 872 Supreme Court of the United States (1990) Positive Treatment
Cited by 7 cases

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  • United States v. Smith, 982 F.2d 681 (1st Cir. 1993)
    …, is the “requirement that the defendant have no alternative to possession of the firearm [and] that the defendant get rid of the firearm as soon as a safe opportunity arises.” United States v. Singleton, 902 F. 2d 471, 473 (6th Cir.), cert. denied, 498 U.S. 872, 111 S.Ct. 196, 112 L.Ed.2d 158 (1990). The jury’s rejection of the justification defense did not depend on their discounting, in any measure whatever, either Machado’s or appellant’s testimony about Sacco’s involvement. Appellant took the stand an…
  • United States v. Crawford, 982 F.2d 199 (6th Cir. 1993)
    …limits mandated by the Speedy Trial Act; and 2) whether the district court erred by failing to charge the jury on the proposed justification defense recognized by this court in United States v. Singleton, 902 F. 2d 471, 472 (6th Cir.), cert. denied, 498 U.S. 872, 111 S.Ct. 196, 112 L.Ed.2d 158 (1990). I On May 6, 1989, Crawford, a felon, had a dispute with his wife, Sandra Jean Spencer. During the argument, Spencer crossed the street to her mother’s house and called the police. When police officer William…
  • United States v. Tyrez Clark, 982 F.2d 965 (6th Cir. 1993)
    …lure to call witnesses to contradict the government’s case, the prosecutor must avoid commenting in such a way that he treads on the defendant’s constitutional rights and privileges. United States v. Parker, 903 F. 2d 91, 98 (2d Cir.), cert. denied, 498 U.S. 872, 111 S.Ct. 196, 112 L.Ed.2d 158 (1990). For example, it would be improper for the prosecutor to suggest that the defendant had the burden [*969] of proof or any obligation to produce evidence to prove his innocence. Id. We think the prosecutor's ar…

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