Legal Opinion

United States v. Fernando Miranda

Court of Appeals for the Fifth Circuit

Decided April 12, 1979No. 77-5814PublishedCited by 69 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

In this case we examine appellant Miranda’s claim 1 that the prosecutor’s reference in closing argument to his coconspirator’s conviction on less evidence than that presented against appellant deprived him of a fair trial. We find merit to Miranda’s contention and reverse and remand his case for a new trial.

I

After an earlier attempt at importation had to be aborted, Fernando Miranda and his coconspirators decided to land a boatload of marijuana on the evening of January 30, 1976, at Bella Vista Point on Biscayne Bay, near Coral Gables, Florida. This attempt was…

2Cases cited27 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. United States v. Craig Warner, April Covey, Samuel L. Kranzthor, Fred W. Daniels, Jr., Friedae. Edwards, Frank Daniels and Michael A. JacobsonCourt of Appeals for the Fifth Circuit · 1971
  5. Donald Joseph Hall v. United StatesCourt of Appeals for the Fifth Circuit · 1969

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

3Cited by69 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Ofray-CamposCourt of Appeals for the First Circuit · 2008
  3. United States v. Gary HalbertCourt of Appeals for the Ninth Circuit · 1981
  4. United States v. Ronald Berkowitz, Paul D'alessandro, Kevin Van Coughnett, Bisan Vafaie, and Wendall HowellCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. Jay Lewis Dworken, A/K/A Jason Lewis, Jay Lewis, United States of America v. William S. Gay, United States of America v. Steve RogoveCourt of Appeals for the First Circuit · 1988

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

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