WOODBURY

v.

BETO, CORRECTIONS DIRECTOR

Citator

Cited By (14 total)

• United States v. Fench, 470 F.2d 1234 (D.C. Cir. 1972)
  …rial court, appellant Blackwell must now establish that the trial judge committed plain error with respect to this instruction. Rule 52(b), Fed.R.Crim.P. See United States v. Green, 137 U.S.App.D.C. 424, 425, 424 F. 2d 912, 913 (1970), cert. denied, 400 U.S. 997, 91 S.Ct. 473, 27 L.Ed.2d 447 (1971). See also Villaroman v. United States, 87 U.S.App.D.C. 240, 241, 184 F. 2d 261, 262 (1950). However, while we might regard Blackwell’s failure to object to this instruction at trial as dispositive,17 we need not…
• United States v. Robinson, 651 F.2d 1188 (6th Cir. 1981)
  …at the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.’ ” United States v. Rochan, 563 F. 2d 1246, 1249 (5th Cir. 1977); United States v. Wells, 431 F. 2d 434, 435 (6th Cir. 1970), cert. denied, 400 U.S. 997, 91 S.Ct. 475, 27 L.Ed.2d 448 (1971). “We cannot find that the prosecutor manifestly intended to comment on the defendant’s failure to testify if some other explanation for his remark is equally plausible.” Rochan, supra, at 1249. Whether the jury “…
• United States v. Timmins, 464 F.2d 385 (9th Cir. 1972)
  …easonable in the sense that he was entitled to rely upon the information without making further inquiries of the board. United States v. Lowell, 437 F. 2d 906 (9th Cir. 1971); United States v. Wroblewski, 432 F. 2d 422 (9th Cir. 1970), cert. denied, 400 U.S. 997, 91 S.Ct. 473, 27 L.Ed.2d 447; United States v. Lansing, supra. In this ease there can be no doubt that appellant was misled by his local board. The board was fully aware that appellant had mistakenly interpreted Form 150 to require formal religiou…