YORK

v.

TATE, SUPERINTENDENT, CHILLICOTHE CORRECTIONAL INSTITUTE

Citator

Cited By

• United States v. Hernan Francisco Perez-Tosta, 36 F.3d 1552 (11th Cir. 1994)
  …lack of notice); United States v. Doe, 860 F. 2d 488, 492 (1st Cir.1988) (affirming admission of hearsay under 803(24) when defendants did not appear to be prejudiced by the lack of notice), cert. denied sub nom. Andrades-Salinas v. United States, 490 U.S. 1049, 109 S.Ct. 1961, 104 L.Ed.2d 430 (1989). Since the policy of 404(b)’s notice provision is to protect the defendant by reducing surprise, see Fed.R.Evid. 404(b) Judiciary Committee note, the possibility of prejudice to the defendant from a lack of o…
• United States v. Ashford, 924 F.2d 1416 (7th Cir. 1991)
  …is whether the error was harmless beyond a reasonable doubt.” Perez, 870 F. 2d at 1229; see United States v. Hasting, 461 U.S. 499, 510-11, 103 S.Ct. 1974, 1981-82, 76 L.Ed.2d 96 (1983); Dortch v. O’Leary, 863 F. 2d 1337, 1344 (1988), cert. denied, 490 U.S. 1049, 109 S.Ct. 1961, 104 L.Ed.2d 429 (1989). The question of whether the error was harmless in turn depends on the strength of the other evidence against the defendant. Perez, supra. In this case the evidence against Ashford included his fingerprints…
• United States v. Filippi, 918 F.2d 244 (1st Cir. 1990)
  …488, 494 n. 4 (1st Cir.1988) (“A prosecutor does not represent an entity whose interests include ‘winning’ at all costs. Instead, his client is society, seeking justice rather than victory.”), cert. denied sub nom., Crespo-Herrera v. United States, 490 U.S. 1049, 109 S.Ct. 1961, 104 L.Ed.2d 430 and Andrades-Salinas v. United States, 490 U.S. 1049, 109 S.Ct. 1961, 104 L.Ed.2d 430 (1989). Nevertheless, we conclude that Filippi waived his constitutional right when he decided to proceed at trial without his wit…

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