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· 8/24/2000

United States v. Paul Corrado (98-2269) Nove Tocco (98-2270) Vito William Giacalone (98-2365)

Citations

  • 227 F.3d 528
  • 2000 U.S. App. LEXIS 21401
  • 2000 WL 1199096

How courts have described this case

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

  • recognizing that Smith v. Phillips changed the Remmer rule and placed the burden on the defendant to show actual prejudice from ex parte juror communication
  • recognizing that Smith v. Phillips changed the Remmer rule and placed the burden on the defendant to show actual prejudice from ex parte juror communication
  • holding Apprendi is not triggered when defendants were sentenced within the prescribed maximum terms before factoring in any enhancing provisions
  • noting that Brady applies to suppressed exculpatory evidence that “was not discovered by the defendant until after trial”
  • noting that we “accord ‘great deference’ to the determinations of the issuing judge” (quotation omitted)
  • holding Apprendi is not triggered when defendants were sentenced within the prescribed maximum terms before factoring in any enhancing provisions

Source: CourtListener parenthetical corpus (CC0).

Judges: Wellford, Nelson, Gilman

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.