MCCORD

v.

GEORGIA

Citator

Cited By (17 total)

• United States v. Massa, 740 F.2d 629 (8th Cir. 1984)
  …Unit [*646] ed States, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435 (1954). Rather, it is enough if the mailing is “incident to an essential part of the scheme.” Id., quoted in United States v. Lebovitz, 669 F. 2d 894, 896 (3d Cir.), cert. denied, 456 U.S. 929, 102 S.Ct. 1979, 72 L.Ed.2d 446 (1982). “Mailings which are designed to lull victims into a false sense of security, postpone inquiries or complaints, or make the transaction less suspect are mailings in furtherance of the fraudulent scheme under th…
• McQUEENEY v. Wilmington Tr. Co., 779 F.2d 916 (3d Cir. 1985)
  …its probative value. Supra pp. 919-920. This is a standard Fed.R.Evid. 403 balance which we review with substantial deference. See United States v. Lebovitz, 669 F. 2d 894, 901 (3d Cir.) (trial judge has “very substantial discretion”), cert. denied, 456 U.S. 929, 102 S.Ct. 1979, 72 L.Ed.2d 446 (1982). Despite this deferential standard, we find that the district court erred, for it underestimated the probative value of the evidence, and misevaluated its prejudicial impact. The district court assigned virtua…
• United States v. Ditommaso, 817 F.2d 201 (2d Cir. 1987)
  …o-defendants and that which directly reflected against Risatti himself. We will not second-guess trial counsel’s defense strategy simply because the chosen strategy has failed. See United States v. Helgesen, 669 F. 2d 69, 72 (2d Cir.), cert. denied, 456 U.S. 929, 102 S.Ct. 1978, 72 L.Ed.2d 445 (1982). Nor are we troubled by trial counsel’s failure to argue for admission of exculpatory portions of Risatti’s post-arrest statement which his co-defendant MolinaChacon had successfully moved to redact. That stat…