CLAVEY

v.

UNITED STATES

Citator

Cited By

• United States v. Petersen, 611 F.2d 1313 (10th Cir. 1979)
  …lity and use, however, was that of the jury. See: United States v. Montgomery, 582 F. 2d 514 (10th Cir. 1978), cert. denied, 439 U.S. 1075, 99 S.Ct. 850, 59 L.Ed.2d 42 (1979); United States v. Gutierrez, 576 F. 2d 269 (10th Cir. 1978), cert. denied, 439 U.S. 954, 99 S.Ct. 351, 58 L.Ed.2d 345 (1978); United States v. Lemon, 497 F. 2d 854 (10th Cir. 1974); United States v. Pennett, 496 F. 2d 293 (10th Cir. 1974). The changes made by Congress in this area, raised new issues which we believe were subsequently…
• United States v. Rodriguez, 765 F.2d 1546 (11th Cir. 1985)
  …difficulties a trial judge should clear them away with concrete accuracy.” Id. at 612-13, 66 S.Ct. at 405. See United States v. Clavey, 565 F. 2d 111, 118 (7th Cir.1977), modified on other grounds, 578 F. 2d 1219 (7th Cir.) (en banc), cert. denied, 439 U.S. 954, 99 S.Ct. 351, 58 L.Ed.2d 345 (1978). Moreover, the parties should be “given an opportunity to be heard before the trial judge respond[s]” to a message [*1554] from the jury. Rogers v. United States, 422 U.S. 35, 39, 95 S.Ct. 2091, 2094, 45 L.Ed.2d…
• United States v. Jones, 696 F.2d 479 (7th Cir. 1982)
  …because a subsequent affidavit does not demonstrate probable cause. The crucial determination is whether the agents actually had probable cause at the time of arrest. United States v. Fernandez-Guzman, 577 F. 2d 1093, 1098 (7th Cir.), cert. denied, 439 U.S. 954, 99 S.Ct. 351, 58 L.Ed.2d 345 (1978). We find that the agents here had probable cause to arrest Nisbet, based on their confirmed knowledge that he was being sought for two crimes and their information from that informant. Second, we are convinced t…