Legal Opinion

United States v. Richard L. Davis

Court of Appeals for the Eighth Circuit

Decided May 10, 2004No. 03-2742PublishedCited by 6 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

A jury convicted Richard Davis of one count of possession with intent to distrib ute more than fifty grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Davis filed motions for judgment of acquittal and a new trial. The district court granted the Motion for New Trial on an issue raised sua sponte: that the government had improperly and prejudicially shifted the burden of proof. The government appeals the grant of the Motion for New Trial. We reverse.

I

On July 26, 2002, Davis was arrested in a hotel room with two other men, Anthony Chaney and Terry Harris. The…

2Cases cited7 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. United States v. HubbellSupreme Court of the United States · 2000
  3. United States v. Adam David HernandezCourt of Appeals for the Eighth Circuit · 1985
  4. United States v. Daniel Lewis Lee, Also Known as Daniel Lewis Graham, Also Known as D.L. Graham, Also Known as Danny LeeCourt of Appeals for the Eighth Circuit · 2001
  5. United States v. Paul W. Moore, Ii, Also Known as Antoine Petroye RobertsCourt of Appeals for the Eighth Circuit · 1997

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

3Cited by6 opinions

  1. United States v. John Adams ThropayCourt of Appeals for the Eighth Circuit · 2005
  2. United States v. Richard Lawrence DavisCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. John ThropayCourt of Appeals for the Eighth Circuit · 2005
  4. United States v. Richard DavisCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. Richard Lawrence DavisCourt of Appeals for the Eighth Circuit · 2005

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

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