U.S. v. Bentley-Smith, BENTLEY-SMITH and E
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before JOHNSON, SMITH, and EMILIO M. GARZA; PER CURIAM; Johnson; JOHNSON |
| Citation | 2 F.3d 1368 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Thomasdsil M. Elledge, Jr., a/k/a Ken Elledge, Defendants-Appellants. |
| Docket Number | No. 91-3427,BENTLEY-SMITH and E,91-3427 |
| Decision Date | 20 September 1993 |
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120 practice notes
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United States v. Thompson, No. 12–31203.
...1859, 114 L.Ed.2d 395 (1991). This court does not overturn such factual findings absent clear error. See United States v. Bentley–Smith, 2 F.3d 1368, 1372 (5th Cir.1993). These factual findings warrant great deference, because the district court “observ[es] the voir dire, know[s] the layout......
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U.S. v. Webster, B-L
...court must determine whether the claimant has carried his burden of proving purposeful discrimination." United States v. Bentley-Smith, 2 F.3d 1368, 1373 (5th Cir.1993); see also United States v. Huey, 76 F.3d 638, 640-41 (5th Cir.1996). The party making the claim of purposeful discriminati......
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U.S. v. Dupre, No. 95-30275
...Their motions were denied. We review the denial of a motion for mistrial for abuse of discretion. See United States v. Bentley-Smith, 2 F.3d 1368, 1378 (5th Cir.1993). Under the Sixth Amendment, a criminal defendant has the right to present witnesses to establish his defense without fear of......
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Kandies v. Polk, No. 03-9.
...(per curiam) (rejecting prosecutor's explanation that he "just [had] a feeling about him"). But see United States v. Bentley-Smith, 2 F.3d 1368, 1375 (5th Cir.1993) (per curiam) (stating that a prosecutor's intuition, standing alone, is a sufficient race-neutral reason for purposes of Batso......
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115 cases
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Kandies v. Polk, No. 03-9.
...(per curiam) (rejecting prosecutor's explanation that he "just [had] a feeling about him"). But see United States v. Bentley-Smith, 2 F.3d 1368, 1375 (5th Cir.1993) (per curiam) (stating that a prosecutor's intuition, standing alone, is a sufficient race-neutral reason for purposes of Batso......
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State v. Jones, No. 15902
...strike peremptory challenges based on similar grounds such as body language, eye contact and the like. See United States v. Bentley-Smith, 2 F.3d 1368, 1374 (5th Cir.1993) (per curiam) (eye contact); United States v. Cartlidge, 808 F.2d 1064, 1070-71 (5th Cir.1987) (recognizing lack of eye ......
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People v. Williams, No. S030553.
...and intuitions.’ ” [56 Cal.4th 721]( Caldwell v. Maloney (1st Cir.1998) 159 F.3d 639, 651; see also U.S. v. Bentley–Smith (5th Cir.1993) 2 F.3d 1368, 1375 [“An attorney who claims that he or she struck a potential juror because of intuition alone, without articulating a specific factual bas......
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People v. Williams, No. S030553.
...and intuitions.’ ” [56 Cal.4th 721]( Caldwell v. Maloney (1st Cir.1998) 159 F.3d 639, 651; see also U.S. v. Bentley–Smith (5th Cir.1993) 2 F.3d 1368, 1375 [“An attorney who claims that he or she struck a potential juror because of intuition alone, without articulating a specific factual bas......
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