Legal Opinion
United States v. Sandini
Court of Appeals for the Third Circuit
Decided April 1, 1987No. Nos. 86-3125, 86-3131PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
Defendant chose not to take the witness stand during the guilt phase of this criminal trial, and the district court barred him from testifying in the forfeiture proceedings which followed the guilty verdict. We conclude that this ruling was erroneous and that a defendant’s rights may be accommodated reasonably through bifurcation of the evidentiary phases. Consequently, we will grant a new trial on the forfeiture aspect of the case.
Additionally, we uphold against constitutional challenge a statutory provision establishing a preponderance of the evidence…
2Cases cited26 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Russello v. United StatesSupreme Court of the United States · 1983
- Patterson v. New YorkSupreme Court of the United States · 1977
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
21 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- United States v. John VoigtCourt of Appeals for the Third Circuit · 1996
- United States v. SaccocciaCourt of Appeals for the First Circuit · 1995
- United States v. Leonard A. PelulloCourt of Appeals for the Third Circuit · 1994
- United States v. Billie J. CherryCourt of Appeals for the Fourth Circuit · 2003
- United States v. Joseph Pace, Anthony Besase, Christ Savides, Donald Smith, John Cialoni, and Robert WilsonCourt of Appeals for the Seventh Circuit · 1990
65 more not listed; retrieve them via the Exa API.