Legal Opinion

United States v. Michael P. Oshatz and Leonard A. Messinger

Court of Appeals for the Second Circuit

Decided August 23, 1990No. 847, 858, Dockets 89-1228, 89-1375PublishedCited by 55 opinions

1Opinion of the Court

JON O. NEWMAN, Circuit Judge:

The primary issue on this appeal is whether the prosecution may cross-examine a defendant’s character witness by asking questions based on an assumption that the defendant is guilty of the offense charged. This issue arises on an appeal by Michael P. Oshatz and Leonard A. Messing-er from their judgments of conviction entered, respectively, on July 14 and May 5, 1989, in the District Court for the Southern District of New York (Robert W. Sweet, Judge) after an eleven-week jury trial on charges arising out of their involvement in a series of fraudulent tax schemes.…

2Cases cited25 opinions

  1. Huddleston v. United StatesSupreme Court of the United States · 1988
  2. United States v. Carol BirneyCourt of Appeals for the Second Circuit · 1982
  3. United States v. William H. White, Sr., United States of America v. Lester H. Finotti, Jr.Court of Appeals for the D.C. Circuit · 1989
  4. United States v. Nancy PetersonCourt of Appeals for the Second Circuit · 1987
  5. Moss v. Central of Georgia RailroadSupreme Court of the United States · 1976

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3Cited by55 opinions

  1. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  2. Hygh v. JacobsCourt of Appeals for the Second Circuit · 1992
  3. United States v. PaccioneCourt of Appeals for the Second Circuit · 1991
  4. United States v. PaccioneCourt of Appeals for the Second Circuit · 1991
  5. United States v. Victor Wexler, Honorable John W. Bissell, NominalCourt of Appeals for the Third Circuit · 1994

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