SMITH

v.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Citator

Cited By (15 total)

• Foster v. State, 557 So. 2d 634 (Fla. 3d DCA 1990)
  …tated that she was uncertain whether anything would refresh her recollection. A document may be used to refresh recollection, but it may not be used to put words in a witness’s mouth. Esperti v. United States, 406 F. 2d 148 (5th Cir.), cert. denied, 395 U.S. 938, 89 S.Ct. 2005, 23 L.Ed.2d 458 (1969); see also Garcia v. State, 444 So. 2d 969 (Fla. 5th DCA 1983), discussion quashed, conviction approved on other grounds, 476 So. 2d 170 (Fla.1985); C. Ehrhardt, Florida Evidence § 613.1 (1984). The automobile…
• United States v. Skillman, 442 F.2d 542 (8th Cir. 1971)
  …ccept as true and established all reasonable inferences that tend to support the jury’s actions and conclusions. United States v. Marttila, supra; United States v. Fryer, supra; Peterson v. United States, 405 F. 2d 102 (8th Cir. 1968), cert. denied, 395 U.S. 938, 89 S.Ct. 2003, 23 L.Ed.2d 453 (1969), rehearing denied, 396 U.S. 870, 90 S.Ct. 43, 24 L.Ed.2d 128 (1969); Cave v. United States, 390 F. 2d 58 (8th Cir. 1968), cert. denied, 392 U.S. 906, 88 S.Ct. 2059, 20 L.Ed.2d 1365 (1968); Phelps v. United State…

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• United States v. Scallion, 548 F.2d 1168 (5th Cir. 1977)
  …issue. United States v. Ferrara, 458 F. 2d 868, 875 (CA 2), cert. denied, 408 U.S. 931, 92 S.Ct. 2498, 33 L.Ed.2d 343 (1972); Peoples v. Hocker, 423 F. 2d 960, 966 (CA 9 1970); Peterson v. United States, 405 F. 2d 102, 108 (CA 8 1968), cert. denied, 395 U.S. 938, 89 S.Ct. 2003, 23 L.Ed.2d 453 (1969). Although such cases, involving as they do a constitutional right, must be approached on an ad hoe basis, “a defendant has some responsibility to assert a speedy trial claim,” and “the defendant’s assertion of…