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First Circuit· 6/11/2002

United States v. Smith

Citations

  • 292 F.3d 90
  • 58 Fed. R. Serv. 1028
  • 2002 U.S. App. LEXIS 11098
  • 2002 WL 1262818

How courts have described this case

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

  • noting that “defense counsel must typically request a continuance to preserve a claim of prejudice by delayed disclosure of evidence”
  • noting that “[w]e usually defer to the district court’s balancing under Rule 403 of probative value against unfair prejudice” and factoring the district court’s limiting instruction into the Rule 403 analysis
  • questioning whether defendant preserved discovery claim where defendant neither asked for a continuance nor moved for a mistrial
  • “We usually defer to the district court’s balancing under Rule 403 of probative value against unfair prejudice.”
  • “The defendant must at a minimum make a ‘prima facie’ showing of a plausible strategic option which the delay foreclosed.”
  • likely waiver where court granted continuance and defense counsel did not request any additional continuances

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lynch, Lipez

Read full opinion on CourtListener

Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.