Maffei v. United States
Cases that cite this one
4 later published cases cite this decision.
- United States v. Simmons (District Court, M.D. Tennessee 1984)
- State v. Blue (Kan. 1979)
- United States v. Lamount Maurice Belgrave (3d Cir. 1973)
- People v. Kirkpatrick (N.Y. 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Dissenting Opinion
dissenting.
Seven courts of appeals, including the court below, have held that a federal defendant who presents evidence in his behalf thereby waives any error in a prior denial of a motion for acquittal made at the close of the Government’s case. United States v. Haskell, 327 F. 2d 281, 282, n. 2 (CA2); United States v. Feldman, 425 F. 2d 688, 692 (CA3); United States v. Cashio, 420 F. 2d 1132, 1134 (CA5); United States v. Carabbia, 381 F. 2d 133, 138 (CA6); Cline v. United States, 395 F. 2d 138, 144 (CA8); Viramontes-Medina v. United States, 411 F. 2d 981, 982 (CA9); United States v. Greene, 442 F. 2d 1285, 1286-1287, n. 3 (CA10). Two other courts of appeals, however, have held that presentation of a defense is not a waiver. United States v. Rizzo, 416 F. 2d 734, 736 n. 3 (CA7); Cephus v. United States, 117 U. S. App. D. C. 15, 324 F. 2d 893. I would grant this petition to resolve the conflict. Rule 19 (1) (b) of the Rules of this Court.
Opinion of the Court
C. A. 6th
Cir. Certiorari denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.