SOUTHWORTH

v.

TEXAS

Citator

Cited By

• United States ex rel. Gary Barnard v. Lane, 819 F.2d 798 (7th Cir. 1987)
  …uld require courts to give instructions on lesser-included offenses in noncapital cases. We have similarly declined to decide the question. See Nichols v. Gagnon, 710 F. 2d 1267, 1269-72 (7th Cir.1983) (discussing Beck at some length), cert. denied, 466 U.S. 940, 104 S.Ct. 1918, 80 L.Ed.2d 465 (1984). We find, however, that where, as here, defense counsel fails even to tender such instructions, and that failure is prejudicial to the defendant, that failure can amount to a denial of the defendant’s sixth ame…
• Taylor v. Gilmore, 954 F.2d 441 (7th Cir. 1992)
  …5; Peery, 615 F. 2d at 404. A miscarriage occurs “if credible evidence in the record would support a verdict based on [the omitted] instruction.” Bacon, 728 F. 2d at 875; see also Nichols v. Gagnon, 710 F. 2d 1267, 1269 (7th Cir.1983), cert. denied, 466 U.S. 940, 104 S.Ct. 1918, 80 L.Ed.2d 465 (1984). Since there was no evidence that the defendants possessed a mitigating mental state in either Peery or Bacon, the courts’ refusal to tender voluntary manslaughter instructions satisfied due process. In cont…
• United States v. Franke Eugenio Martinez, 785 F.2d 663 (9th Cir. 1986)
  …the doctrine of collateral estoppel neither bars the instant charges nor precludes the government from litigat [*668] ing the issues of Martinez’s identity and citizenship. See United States v. McCoy, 721 F. 2d 473, 475 (4th Cir.1983), cert. denied, 466 U.S. 940, 104 S.Ct. 1918, 80 L.Ed.2d 465 (1984). It follows that neither double jeopardy argument has merit. Therefore, Martinez’s jurisdictional argument — that 18 U.S.C. § 3731 (1982) prevents the United States from appealing where the double jeopardy cla…