Legal Opinion
United States v. Herminio Hernandez
Court of Appeals for the Fifth Circuit
Decided January 3, 1985No. 84-2218PublishedCited by 38 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
We reverse the conviction of Herminio Hernandez on two counts relating to possession and distribution of cocaine because the prosecuting attorney elicited inadmissible testimony from a government witness, a Drug Enforcement Administration (DEA) special agent, that U.S. Customs had identified Hernandez as a drug smuggler, the district judge overruled an objection to the testimony, and the prosecutor, in her closing argument to the jury, later emphasized this evidence, embellishing it to go even beyond the actual testimony.
Viewing the facts in the light most…
2Cases cited17 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Glasser v. United StatesSupreme Court of the United States · 1942
- United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
- United States v. John R. Dorr and John Grant PassmoreCourt of Appeals for the Fifth Circuit · 1981
- United States v. Albert Keith WebsterCourt of Appeals for the Fifth Circuit · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Bobby Battle v. U.S. Parole CommissionCourt of Appeals for the Fifth Circuit · 1987
- Langham v. StateCourt of Criminal Appeals of Texas · 2010
- Schaffer v. StateCourt of Criminal Appeals of Texas · 1989
- United States v. Angel John ZabanehCourt of Appeals for the Fifth Circuit · 1988
- United States v. PevetoCourt of Appeals for the Tenth Circuit · 1989
33 more not listed; retrieve them via the Exa API.