AL-AZZAWY

v.

UNITED STATES

Citator

Cited By (29 total)

• Elder v. Holloway, 510 U.S. 510 (U.S. 1994)
  …stablished statutory or constitutional rights of which a reasonable person would have known”). On appeal, the Ninth Circuit noticed precedent in point missed in the District Court: United States v. Al-Azzawy, 784 F. 2d 890 (CA9 1985), cert. denied, 476 U. S. 1144 (1986). Al-Azzawy, the Court of Appeals observed, involved a suspect seized outside his surrounded home. The Al-Azzawy decision, published over a year before Elder’s arrest, “might have alerted a reasonable officer to the constitutional implicatio…
• United States v. Castillo, 866 F.2d 1071 (9th Cir. 1988)
  …defendant is in custody). These factors include: (1) whether defendant was in custody, Alfonso, 759 F. 2d at 741; (2) whether the arresting officers have their guns drawn, United States v. Al-Azzawy, 784 F. 2d 890, 895 (9th Cir.1985), cert. denied, 476 U.S. 1144, 106 S.Ct. 2255, 90 L.Ed.2d 700 (1986); Alfonso, 759 F. 2d at 741; (3) whether Miranda warnings have been given, Al-Azzawy, 784 F. 2d at 895; Alfonso, 759 F. 2d at 741; (4) whether the defendant was told he has a right not to consent, Al-Azzawy, 784…
• United States v. Rocha, 916 F.2d 219 (5th Cir. 1990)
  …xists, severance is not required, even where the quantum and nature of the proof in each case is different, so long as the trial court repeatedly gives cautionary instructions. United States v. Lamp, 779 F. 2d 1088, 1093-94 (5th Cir.), cert. denied, 476 U.S. 1144, 106 S.Ct. 2255, 90 L.Ed.2d 700 (1986). It is clear that a defendant’s absence from a particular episode in the conspiracy does not mandate severance. United States v. DeVarona, 872 F. 2d 114, 120 (5th Cir.1989). Similarly, evidence of the reputatio…