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In the Matter of Vivas

11 Cited authorities

  1. Campbell v. United States

    365 U.S. 85 (1961)   Cited 246 times
    Finding that typed interview report prepared by FBI agent based on notes taken during a pretrial meeting with a government witness may qualify as Jencks Act statements under subsection (e), if it was adopted by the witness, or subsection (e), if the report closely followed notes that included verbatim statements

  2. Commercial Corp. v. N.Y. Barge Corp.

    314 U.S. 104 (1941)   Cited 231 times
    Holding that, if the bailee fails to defeat the inference, the trier of fact is entitled to rely on the presumption created by the prima facie case

  3. United States v. Fleischman

    339 U.S. 349 (1950)   Cited 107 times
    In United States v. Fleischman, 339 U.S. 349, there was also evidence that the defendant had power to cause the documents to be produced.

  4. Rossi v. United States

    289 U.S. 89 (1933)   Cited 64 times
    In Rossi v. U.S., 289 U.S. 89, 91, 53 S.Ct. 532, 533, 77 L.Ed. 1051, the court said: "The general principle, and we think the correct one, underlying the foregoing decisions, is that it is not incumbent on the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if untrue, could be readily disproved by the production of documents or other evidence probably within the defendant's possession or control."

  5. Government of Virgin Islands v. Lake

    362 F.2d 770 (3d Cir. 1966)   Cited 45 times
    Holding that evidence that a defendant's statement to police following a killing, which was contradicted by other evidence, supported a finding of premeditation

  6. Rhay v. Browder

    342 F.2d 345 (9th Cir. 1965)   Cited 29 times

    No. 19466. February 5, 1965. John J. O'Connell, Atty. Gen., of Washington, Stephen C. Way, Asst. Atty. Gen., of Washington, Olympia, Wash., for appellant. Anthony Arntson, Yakima, Wash., for appellee. Charles O. Carroll, Pros. Atty. for King County, James E. Kennedy, David W. Soukup, William L. Paul, Jr., Deputy Pros. Attys. for King County, Seattle, Wash., for amicus curiae, Prosecuting Attorney, King County. Before MERRILL, DUNIWAY and ELY, Circuit Judges. DUNIWAY, Circuit Judge: Appellant is the

  7. United States v. Hayes

    369 F.2d 671 (9th Cir. 1966)   Cited 23 times

    No. 20374. December 8, 1966. John W. Douglas, Asst. Atty. Gen., Morton Hollander, Walter H. Fleischer, Martin Jacobs, Attys., Civil Div., U.S. Dept. of Justice, Washington, D.C., Richard L. McVeigh, U.S. Atty., Anchorage, Alaska, for appellant. Robert Boochever, of Faulkner, Banfield, Boochever Doogan, Juneau, Alaska, for appellees. Before JERTBERG and ELY, Circuit Judges, and FOLEY, Jr., District Judge. ELY, Circuit Judge: This appeal is from a judgment of dismissal entered by the District Court

  8. Williams v. Admin., Nat. Aero. Space

    463 F.2d 1391 (C.C.P.A. 1972)   Cited 10 times

    Patent Appeal No. 8712. August 10, 1972. Petition for Reconsideration Denied November 30, 1972. W. H. MacAllister, Jr., Los Angeles, Cal., Richard R. Trexler, Chicago, Ill. (Olson, Trexler, Wolters Bushnell), Chicago, Ill., John M. Lee, Los Angeles, Cal. (Fulwider, Patton, Rieber, Lee Utecht), Los Angeles, Cal., Richard P. Schulze, Washington, D.C., attys. of record, for appellants. Robert F. Kempf, Silver Spring, Md., Neil B. Siegel, John B. Farmakides, Washington, D.C., attys. of record, for appellee

  9. Ablett v. Brownell

    240 F.2d 625 (D.C. Cir. 1957)   Cited 12 times

    No. 13243. Argued June 12, 1956. Decided January 10, 1957. Mr. David Carliner, with whom Mr. Jack Wasserman, Washington, D.C., was on the brief, for appellant. Mr. John W. Kern, III, Asst. U.S. Atty., with whom Mr. Oliver Gasch, U.S. Atty., Mr. Lewis Carroll and Mrs. Kitty Blair Frank, Asst. U.S. Attys., were on the brief, for appellee. Messrs. Leo A. Rover, U.S. Atty., at the time record was filed, and Milton Eisenberg, Asst. U.S. Atty., also entered appearances for appellee. Before WILBUR K. MILLER

  10. United States v. Reimer

    96 F.2d 217 (2d Cir. 1938)   Cited 17 times
    Obtaining a visa as a result of a false statement that misrepresented the applicant's identity violated Section 22(c)

  11. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable