CHANCELLOR ET AL.
v.
SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE (BAKER, REAL PARTY IN INTEREST)
CHANCELLOR ET AL.
SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE (BAKER, REAL PARTY IN INTEREST)
459 U.S. 894
Supreme Court of the United States (1982)
Positive Treatment
Cited by 5 cases
Opinion
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United States v. Estabrook, 774 F.2d 284 (8th Cir. 1985)…on, 728 F. 2d at 1084. Newly discovered evidence which serves only to refute testimony of a government witness is impeaching, as that term is employed in the new trial standard. United States v. Widgery, 674 F. 2d 710, 713 (8th Cir.), cert. denied, 459 U.S. 894, 103 S.Ct. 192, 74 L.Ed.2d 155 (1982); United States v. Ward, 544 F. 2d 975, 978 (8th Cir.1976). Estabrook’s newly discovered evidence serves only to attack the credibility of the government’s witness by offering an alternative version of the facts.…
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United States v. Newton E. Copple, 827 F.2d 1182 (8th Cir. 1987)…tates v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3384, 87 L.Ed.2d 481 (1985)). We find no abuse of discretion in the district court’s decision on the motion for new trial. See United States v. Widgery, 674 F. 2d 710, 713 (8th Cir.), cert. denied, 459 U.S. 894, 103 S.Ct. 192, 74 L.Ed.2d 155 (1982). We have carefully reviewed the record, briefs, and the arguments of each of the parties. Finding no reversible error, we affirm each of the convictions.…
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United States v. Earles, 955 F.2d 1175 (8th Cir. 1992)…at it would probably produce an acquittal at a new trial. United States v. Begnaud, 848 F. 2d 111, 113 (8th Cir.1988); United States v. Bednar, 776 F. 2d 236, 238 (8th Cir.1985); United States v. Widgery, 674 F. 2d 710, 712 (8th Cir.), cert. denied, 459 U.S. 894, 103 S.Ct. 192, 74 L.Ed.2d 155 (1982). The district court concluded that the new evidence offered by defendant failed to satisfy this standard. We agree. Defendant’s new evidence consists of the testimony of Kimberly Hindley, who was hired by Amsde…
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