GIACOMINO

v.

UNITED STATES

Citator

Cited By (29 total)

• United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985)
  …etter if they had been tried separately * * *. They must show that the joint trial resulted in such prejudice that a reasonable jury would not have concluded the way it did. United States v. Bulgatz, 693 F. 2d 728, 732 (8th Cir.1982), cert. denied, 459 U.S. 1210, 103 S.Ct. 1203, 75 L.Ed.2d 444 (1983) (citation omitted). The evidence of prejudice and abuse of discretion which Crafton adduces is insufficient to meet this burden. The fact that trial testimony dealt with the Milburns and Throops whose trials w…
• United States v. Percival, 756 F.2d 600 (7th Cir. 1985)
  …of vehicles owned or controlled by the owner of, and found on, the premises. See United States v. Bulgatz, 693 F. 2d 728, 730 n. 3 (8th Cir.1982) (warrant for search of house justifies search of car parked in garage attached to house), cert. denied, 459 U.S. 1210, 103 S.Ct. 1203, 75 L.Ed.2d 444 (1983); United States v. Freeman, 685 F. 2d 942, 955 (5th Cir.1982) (warrant for search of premises justifies search of jeep parked on premises); United States v. Napoli, 530 F. 2d 1198, 1200 (5th Cir.) (warrant for s…
• United States v. LEE, 743 F.2d 1240 (8th Cir. 1984)
  …FAA violations defeats any charge of recklessness. Nor did Nettle prove that Andrews’ alleged misstatement was made deliberately or with reckless disregard for the truth. See United States v. Bulgatz, 693 F. 2d 728, 732 (8th Cir.1982), cert. denied, 459 U.S. 1210, 103 S.Ct. 1203, 75 L.Ed.2d 444 (1983). The district court found that Andrews’ opinion, even if incorrect, was not “expressed in bad faith.” Mere negligence or innocent mistake is insufficient to meet the requirements of Franks. 438 U.S. at 171, 98…