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· 4/6/1987

United States v. Stanford Champion, Gene Slusser, Eldon L. Morgan, Jr., Lester Spainhoward, Jr.

Citations

  • 813 F.2d 1154
  • 22 Fed. R. Serv. 1399
  • 1987 U.S. App. LEXIS 4569

How courts have described this case

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

  • holding that, where the defendants were charged with conspiracy to import multiple loads of marijuana, consistent trial evidence regarding additional “uncharged loads during the time period of the indicted conspiracy” did not cause a material variance
  • observing that appellant “offered very little . . . explanation” why he failed to discover the new evidence earlier
  • stating that evidentiary hearings are not necessary for “fishing expedition[s]” to substantiate an unsupported claim of wrongdoing
  • treating a change of date as a potential variance but holding that “[w]hen the prosecution uses the ‘on or about’ designation, proof of a date reasonably near to the specified date is sufficient.”
  • new evidence was merely impeaching and cumulative where the defense had already impeached the witness at trial
  • “Newly discovered impeaching evidence is unworthy of a new trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hatchett, Kravitch, Morgan

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.