Legal Opinion
United States v. Vicente Meneses-Davila
Court of Appeals for the Fifth Circuit
Decided September 25, 1978No. 77-5677PublishedCited by 84 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Caught driving a car with 250 pounds of marijuana in the trunk, Vicente Meneses-Davila was convicted of possession of marijuana with intent to distribute. 21 U.S. C.A. § 841(a)(1). We reverse his conviction because the prosecutor impermissibly commented on defendant’s post-arrest silence. Since this ground of reversal permits a retrial, we have reviewed defendant’s insufficiency of the evidence contention and find that the jury could conclude on the evidence before it that defendant knew that his automobile contained marijuana.
There is no doubt that the prosecutor on…
2Cases cited32 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Glasser v. United StatesSupreme Court of the United States · 1942
- Burks v. United StatesSupreme Court of the United States · 1978
- Doyle v. OhioSupreme Court of the United States · 1976
- Michigan v. TuckerSupreme Court of the United States · 1974
27 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- United States v. Ronald Glen ShawCourt of Appeals for the Fifth Circuit · 1983
- United States v. George M. Khoury, Howard Kluver, David W. West, Louis H. ChippasCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Uriel Lara-VelasquezCourt of Appeals for the Fifth Circuit · 1990
- United States v. David Joe MasseyCourt of Appeals for the Tenth Circuit · 1982
- United States v. Jorge Enrique Gonzalez, A/K/A George, Maurice Roundy, Michael Timothy SweetonCourt of Appeals for the Eleventh Circuit · 1991
79 more not listed; retrieve them via the Exa API.