United States v. Cecil Robinson

OAKES, Circuit Judge with whom Judge GURFEIN

concurs (dissenting):

The panel majority opinion sets forth Judge Gurfein’s and my views on the principal issues in this case. 544 F.2d 611 (2d Cir. 1976). I stated there that the case was “exceedingly close” on its facts. Id. at 616. Without evidence that Robinson was in possession of a gun at the time of his arrest (because the trial judge in the exercise of his discretion excluded it), there was a hung jury in the first trial. With such evidence (admitted by another trial judge in the exercise of his discretion), it still took a second Allen…