Legal Opinion

United States v. James Smithers

Court of Appeals for the Sixth Circuit

Decided May 8, 2000No. 98-1722PublishedCited by 90 opinions

1Opinion of the Court

MARBLEY, D. J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 318-32), delivered a separate dissenting opinion.

MARBLEY, District Judge.

Appellant James Smithers was convicted of bank robbery in violation of 18 U.S.C. § 2113(a). Smithers now appeals various aspects of his trial, including the district court’s exclusion of the testimony of an eyewitness identification expert, the limitation of Smithers’s wife’s testimony, and the district court’s response to questions posed by the jury after it began deliberating. For the following reasons, we REVERSE the…

2Cases cited29 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Manson v. BrathwaiteSupreme Court of the United States · 1977
  5. United States v. John W. DowningCourt of Appeals for the Third Circuit · 1985

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3Cited by90 opinions

  1. Commonwealth v. WalkerSupreme Court of Pennsylvania · 2014
  2. Mike's Train House, Inc. v. Lionel, L.L.C., Korea Brass and Yoo Chan YangCourt of Appeals for the Sixth Circuit · 2006
  3. United States v. Lynn Michael LaVictorCourt of Appeals for the Sixth Circuit · 2017
  4. State v. Lawson/JamesOregon Supreme Court · 2012
  5. Simmons v. StateSupreme Court of Florida · 2006

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