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· 6/8/1981

United States v. John E. Kenny, Trenton P. Oelberg, and William L. Parker, Defendants

Citations

  • 645 F.2d 1323

How courts have described this case

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

  • holding a tape recording of defendant's statements was admissible under Rule 801(d)(2)(A) and independently under Rule 613
  • single conspiracy established where each defendant knew or had reason to know of the conspiracy's scope and \had reason to believe that their own benefits were dependent upon the success of the entire venture\
  • tape of represented person made in non-custodial, pre-indictment, pre-arrest context does not implicate the ethical problems addressed by DR 7-104(A)(l)
  • defendant entitled to jury instruction on a legitimate theory of defense if there is evidence to support it
  • jury must be instructed as to defense theory of case, but exact language proposed by defendant need not be used
  • to establish a rim, “the circumstances must lead to an inference that some form of overall agreement exists.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Trask, Nelson, Solomon

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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.