· 12/7/1981
United States v. Ronald Berkowitz, Paul D'alessandro, Kevin Van Coughnett, Bisan Vafaie, and Wendall Howell
Citations
- 662 F.2d 1127
- 9 Fed. R. Serv. 864
- 1981 U.S. App. LEXIS 15433
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defenses, noninvolvement in the criminal activity, not mutually exclusive
- finding that defenses, noninvolvement in the criminal activity, not mutually exclusive
- finding that defenses, noninvolvement in the criminal activity, not mutually exclusive
- explaining that “although defendants’ versions were in conflict, their defenses did not compel the jury to believe one defendant at the expense of the other in order to reach a verdict”
- stating that defenses are mutually antagonistic when the essence or core of the defenses are in conflict to such a degree that the jury in order to believe the core of one defense must necessarily disbelieve the core of the other
- defenses must be “more than merely antagonistic — they must be antagonistic to the point of being mutually exclusive”
Source: CourtListener parenthetical corpus (CC0).
Judges: III, Morgan, Tjoflat, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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