SANFRATELLO

v.

UNITED STATES

Citator

Cited By (41 total)

• Baldwin v. Blackburn, 653 F.2d 942 (5th Cir. 1981)
  …titutional violation in the jurors’ trip to the concession stand. Indeed, it has been held that the decision to sequester the jury lies within the sound discretion of the trial court. Mastrain v. McManus, 554 F. 2d 813, 818 (8th Cir.), cert. denied, 433 U.S. 913, 97 S.Ct. 2985, 53 L.Ed.2d 1099 (1977) (denial of motion to sequester jury in first degree murder case; no state requirement involved). Appellant’s other allegation of error, failure to instruct the last seven jurors not to discuss the case with an…
• United States v. Brady, 595 F.2d 359 (6th Cir. 1979)
  …vidence is inadmissible. See, e. g., United States v. Phillips, 575 F. 2d 97 (6th Cir. 1978); United States v. Roberts, 548 F. 2d 665 (6th Cir.), cert. denied, 431 U.S. 920, 97 S.Ct. 2188, 53 L.Ed.2d 232; 431 U.S. 931, 97 S.Ct. 2636, 53 L.Ed.2d 246; 433 U.S. 913, 97 S.Ct. 2984, 53 L.Ed.2d 1098 (1977); United States v. Green, 548 F. 2d 1261 (6th Cir. 1977). In reviewing a decision of a trial court on this issue we must look at the evidence in a light most favorable to its proponent, maximizing its probative…
• Smith v. Armontrout, 888 F.2d 530 (8th Cir. 1989)
  …able if the petitioner can show that the newly discovered evidence “ ‘would probably produce an acquittal on retrial,’ ” Dumond v. Lockhart, 885 F. 2d 419, 421 (8th Cir.1989), quoting Mastrian v. McManus, 554 F. 2d 813, 823 (8th Cir.), cert. denied, 433 U.S. 913, 97 S.Ct. 2985, 53 L.Ed.2d 1099 (1977). But this exception to the general rule is a narrow one, coming into play only if the habe-as court finds that the newly discovered [*540] credible evidence would probably (in the sense of more likely than not)…