Legal Opinion · Dissent

United States v. Charles Frederick Woods, and United States of America v. Gerald Keith Underwood

Court of Appeals for the Sixth Circuit

Decided January 3, 1980No. 78-5206, 78-5207Published

1DissentKeith, Circuit Judge

I respectfully dissent on two grounds from the majority’s opinions affirming appellants’ convictions. First, the trial court failed to give a cautionary limiting instruction to the jury concerning the limited use of prejudicial “common pattern or scheme” evidence of defendants’ prior involvement in another bank robbery. Secondly, evidence unconnected to the offense for which defendants were being tried, and which had not been properly admitted into evidence, was permitted to remain in the courtroom during trial within the purview of the jury. These two errors, when taken together, were…

2Cases cited20 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. United States v. Frank Roosevelt HaskinsCourt of Appeals for the Sixth Circuit · 1965
  4. United States v. Lawrence Jerome RingCourt of Appeals for the Sixth Circuit · 1975
  5. United States v. Leslie Marion PhillipsCourt of Appeals for the Sixth Circuit · 1979

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