Legal Opinion

United States v. Ernest J. Cales, Jr.

Court of Appeals for the Ninth Circuit

Decided February 25, 1974No. 73-2931PublishedCited by 43 opinions

1Opinion of the Court

ALFRED T. GOODWIN, Circuit Judge:

The government appeals the suppression of evidence in a prosecution for income-tax evasion. Because the trial court held the government to a reasonable-doubt standard rather than a preponderance-of-the-evidence standard on the motion to suppress, we remand the case for another hearing using the correct burden of proof.

Based upon leads discovered, in part, from an illegal wiretap, an investigation was made and, in due course, Cales was charged with income-tax evasion for the years 1970 and 1971. Cales’ motion to suppress contended that information obtained from…

2Cases cited14 opinions

  1. Lego v. TwomeySupreme Court of the United States · 1972
  2. Colligan v. Activities Club of New York, Ltd.Supreme Court of the United States · 1971
  3. United States v. Fred FernandezCourt of Appeals for the Second Circuit · 1972
  4. United States v. John Bacall, United States of America v. John Bacall Imports, Ltd.Court of Appeals for the Ninth Circuit · 1971
  5. United States v. Joseph F. SchipaniCourt of Appeals for the Second Circuit · 1969

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

3Cited by43 opinions

  1. United States v. AguilarCourt of Appeals for the Ninth Circuit · 1989
  2. UNITED STATES of America, Plaintiff-Appellee, v. Richard J. SMITH, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  3. United States v. Birdie Louise Joshua Harris, United States of America v. Billy Charles HarrisCourt of Appeals for the Ninth Circuit · 1974
  4. United States v. David LordCourt of Appeals for the Ninth Circuit · 1983
  5. United States v. Louis J. Cella, Jr., Stephen R. Evans, Theodore Schiffman, DefendantsCourt of Appeals for the Ninth Circuit · 1978

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

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