· 1/8/1974
United States v. Michael Newman and Frank X. Gaca. Appeal of Frank X. Gaca
Citations
- 490 F.2d 139
- 1974 U.S. App. LEXIS 10682
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- additional evidence impugning witness’s credibility would have been cumulative where it was already evident that witness was unsavory and untrustworthy
- \[T]he government must prove beyond a reasonable doubt that the defendant participated in a substantive crime with the desire that the crime be accomplished .\
- “[T]he government must prove beyond a reasonable doubt that the defendant participated in a substantive crime with the desire that the crime be accomplished.”
- prosecutorial misconduct as one element of totality of circumstances leading to reversal
- generalized instruction to disregard co-defendant's guilty plea when determining the defendant's guilt was inadequate
- trial court did not give sufficiently curative instruction after co-defendant, having been instructed not to mention that another co-defendant had already been convicted of one charge, made reference to it during testimony anyway
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Dusen, Hunter, Garth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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