OHIO DEPARTMENT OF HIGHWAY SAFETY ET AL.

v.

UNITED STATES

Citator

Cited By (24 total)

• Kyles v. Whitley, 514 U.S. 419 (U.S. 1995)
  …orari. Proper management of our certiorari docket, as Justice Scalia notes, see post, at 456-460, precludes us from hearing argument on the merits of even a “substantial percentage” of the capital cases that confront us. Compare Coleman v. Balkcom, 451 U. S. 949 (1981) (Stevens, J., concurring in denial of certiorari), with id., at 956 (Rehnquist, J., dissenting). Even aside from its legal importance, however, this case merits “favored treatment,” cf. post, at 457, for at least three reasons. First, the fa…
• Proffitt v. Louie L. Wainwright, 685 F.2d 1227 (11th Cir. 1982)
  …, 422 U.S. 35, 95 S.Ct. 2091, 45 L.Ed.2d 1 (1975) (Rule 43 entitles defendant to be present when trial court responds to jury’s request for instruction in mid-deliberation); United States v. Alessandrello, 637 F. 2d 131 (3d Cir. 1980), cert. denied, 451 U.S. 949, 101 S.Ct. 2031, 68 L.Ed.2d 334 (1981) (Rule 43 right to presence at jury impaneling is broader than constitutional right); Estes v. United States, 335 F. 2d 609 (5th Cir. 1964), cert. denied, 379 U.S. 964, 85 S.Ct. 656, 13 L.Ed.2d 559 (1965) (Rule…
• United States v. Birges, 723 F.2d 666 (9th Cir. 1984)
  …ding the impaneling of the jury and the return of the verdict...” A violation of the rule does not compel reversal unless a reasonable possibility of prejudice is shown. United States v. Alessandrello, 637 F. 2d 131, 139 (3d Cir.1980), cert. denied, 451 U.S. 949, 101 S.Ct. 2031, 68 L.Ed.2d 334 (1981). This issue was presented to the court in United States v. Gunter, 546 F. 2d 861 (10th Cir.1976), cert. denied, 431 U.S. 920, 97 S.Ct. 2189, 53 L.Ed.2d 232 (1977). In Gunter, the court stated: The jury, while…