VITALE

v.

UNITED STATES

Citator

Cited By

• United States v. Gironda, 758 F.2d 1201 (7th Cir. 1985)
  …a proper foundation for Gironda's statement. See United States v. Vitale, 549 F. 2d 71, 73 (8th Cir.1977) (rule 901(b)(5) satisfied through evidence that proponent had spoken with defendant on three occasions subsequent to phone call); cert. denied, 431 U.S. 907, 97 S.Ct. 1704, 52 L.Ed.2d 393. Ruiz’ testimony concerning the substance of Gironda’s threats toward Nichols presents no hearsay problems. Clearly, the Government did not offer Gironda’s statement to prove that Ruiz and Velazquez would in fact end…
• United States v. Singer, 660 F.2d 1295 (8th Cir. 1981)
  …ptly informed the jury that there had been no evidence of threats against the witness in the case and instructed the jury to disregard the answer. Cf. United States v. Vitale, 549 F. 2d 71, 72-73 (8th Cir.) (per curiam) (other crimes), cert. denied, 431 U.S. 907, 97 S.Ct. 1704, 52 L.Ed.2d 393 (1977); United States v. Splain, supra, 545 F. 2d at 1133 (other crimes). Wagner next argues that the government’s attorney during closing arguments improperly expressed her personal opinion of the defendants’ credibi…
• United States v. Luschen, 614 F.2d 1164 (8th Cir. 1980)
  …stimony that in his opinion it could [*1170] not (although he had never tried to run one). The weight and sufficiency of her testimony, once received, rested entirely with the jury. United States v. Vitale, 549 F. 2d 71, 73 (8th Cir.), cert. denied, 431 U.S. 907, 97 S.Ct. 1704, 52 L.Ed.2d 393 (1977); United States v. Burden, 497 F. 2d 385, 387 (8th Cir. 1974). Furthermore, Luschen neither objected to her testimony about the melting point tests nor cross-examined her about her conclusion that the three subs…