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· 12/26/1985

United States v. James Alvin Rhodes, A/K/A Mickey Rhodes, United States of America v. Garvey Martin Cheek, Jr.

Citations

  • 779 F.2d 1019
  • 19 Fed. R. Serv. 1243
  • 1985 U.S. App. LEXIS 25794

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that officer’s question, “Why?,” in response to defendant’s spontaneous statement, “You can’t take that,” made during the execution of a search warrant, did not amount to interrogation
  • requiring only “simple matching” of facts against Solem principles where the sentence is for a term of years
  • allowing evidence of defendant's prior cocaine convictions to refute claim that he lacked intent to commit drug offenses
  • Defense counsel’s cross-examination of government witnesses put in issue the defendant’s intent, thereby rendering earlier convictions of the same crime of sufficient probative value to outweigh the prejudicial effect of their admission.
  • Defense counsel's cross-examination of government witnesses put in issue the defendant's intent, thereby rendering earlier convictions of the same crime of sufficient probative value to outweigh the prejudicial effect of their admission.
  • “To the extent then that [the defendant] defended on the ground that he was present but innocent, he placed his intent in issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Widener, Phillips, Sneeden

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.