Legal Opinion

United States v. Jay v. Flake

Court of Appeals for the Ninth Circuit

Decided October 30, 1984No. 84-1001PublishedCited by 68 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Jay Flake appeals from his conviction for two counts of making and subscribing false income tax returns in violation of 26 U.S.C. § 7206(1).

I

Flake seeks reversal on the following grounds:

One. The district court erred in treating materiality of the alleged false statement as a matter of law.

Two. The district court erred in failing to dismiss the indictment because it was based on perjured testimony.

Three. The prosecutor committed prejudicial misconduct by vouching for the credibility of a key government witness.

Four. The prosecutor committed other acts of misconduct in…

2Cases cited24 opinions

  1. Henderson v. KibbeSupreme Court of the United States · 1977
  2. Mesarosh v. United StatesSupreme Court of the United States · 1956
  3. United States v. Ernest Raymond BasurtoCourt of Appeals for the Ninth Circuit · 1974
  4. United States v. Neal T. Roberts and James Albert RobisonCourt of Appeals for the Ninth Circuit · 1980
  5. United States v. J. Joseph Kennedy, United States of America v. Robert J. Myers, United States of America v. Lawrence F. CarlsonCourt of Appeals for the Ninth Circuit · 1977

19 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. United States v. Richard CarrollCourt of Appeals for the Sixth Circuit · 1994
  2. United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Raul Lopez-AlvarezCourt of Appeals for the Ninth Circuit · 1992
  4. United States v. Rosalba SolivanCourt of Appeals for the Sixth Circuit · 1991
  5. United States v. Vito Spillone, United States of America v. John Clyde Abel, United States of America v. Frank CitroCourt of Appeals for the Ninth Circuit · 1989

63 more not listed; retrieve them via the Exa API.

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