Legal Opinion
United States v. Thomas Joseph Chiantese and John Joseph Cerrella
Court of Appeals for the Fifth Circuit
Decided October 14, 1977No. 75-3534PublishedCited by 74 opinions
1Opinion of the Court
CLARK, Circuit Judge:
The inconsistency of our decisions on how a jury may be instructed on proof of intent and a much too frequent recurrence of erroneous charges warrant this en banc review and a new solution. The simple appearance of the issue is deceptive. To say that specific intent may be inferred from a defendant’s knowing conduct seems only to iterate a truism. The problems start when words are changed or added which shift the prosecution’s burden of proof and when the charge is used where the defendant’s act is equally susceptible of innocent motive and guilty purpose. Because our…
2Cases cited44 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Agnew v. United StatesSupreme Court of the United States · 1897
- Cramer v. United StatesSupreme Court of the United States · 1945
- Billie Sol Estes v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- United States v. PartinCourt of Appeals for the Fifth Circuit · 1977
39 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
- United States v. Stephen Roderick McRaeCourt of Appeals for the Fifth Circuit · 1979
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- Robert G. Lamb v. Marvin Jernigan, WardenCourt of Appeals for the Eleventh Circuit · 1982
69 more not listed; retrieve them via the Exa API.