§Why CasetextPricing

USA v. Brugnara

MOTION for New Trial and Declaration of Counsel

37 Cited authorities

  1. Bell v. Wolfish

    441 U.S. 520 (1979)   Cited 17,391 times   10 Legal Analyses
    Holding that a "prohibition against receipt of hardback books unless mailed directly from publishers, book clubs, or bookstores does not violate the First Amendment rights of MCC inmates"

  2. Helling v. McKinney

    509 U.S. 25 (1993)   Cited 7,603 times   4 Legal Analyses
    Holding that prospective harm, defined as that which is "sure or very likely to cause serious illness and needless suffering" to an inmate in the future, can be the basis for an Eighth Amendment claim even if the inmate has "no serious current symptoms"

  3. Faretta v. California

    422 U.S. 806 (1975)   Cited 12,552 times   23 Legal Analyses
    Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial

  4. Bounds v. Smith

    430 U.S. 817 (1977)   Cited 8,234 times   1 Legal Analyses
    Holding that states must provide prisoners with adequate law libraries or adequate assistance from persons trained in the law

  5. Ingraham v. Wright

    430 U.S. 651 (1977)   Cited 4,006 times
    Holding that reasonable "corporal punishment serves important educational interests" and is therefore permissible in public schools

  6. McKaskle v. Wiggins

    465 U.S. 168 (1984)   Cited 2,459 times   9 Legal Analyses
    Holding that pro se defendant's right to self-representation was not violated by the presence of a court-appointed standby counsel

  7. Taylor v. List

    880 F.2d 1040 (9th Cir. 1989)   Cited 9,002 times
    Holding that no § 1983 liability exists absent personal participation

  8. Illinois v. Allen

    397 U.S. 337 (1970)   Cited 2,886 times   16 Legal Analyses
    Holding that a defendant can forfeit his Sixth Amendment right to be present in trial if he insists on being “so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom”

  9. McDonough Power Equipment, Inc. v. Greenwood

    464 U.S. 548 (1984)   Cited 1,401 times   7 Legal Analyses
    Holding that, to obtain a new trial because of a juror's alleged untruthfulness during voir dire, "a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause."

  10. Bloom v. Illinois

    391 U.S. 194 (1968)   Cited 908 times   1 Legal Analyses
    Holding that a criminal contempt prosecution is a criminal prosecution for the purposes of the Sixth Amendment

  11. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,397 times   103 Legal Analyses
    Relating to mail fraud

  12. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,939 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  13. Section 401 - Power of court

    18 U.S.C. § 401   Cited 2,210 times   10 Legal Analyses
    Finding of contempt discretionary in Court

  14. Section 1623 - False declarations before grand jury or court

    18 U.S.C. § 1623   Cited 1,628 times   9 Legal Analyses
    Criminalizing false statements under oath in judicial proceedings

  15. Section 751 - Prisoners in custody of institution or officer

    18 U.S.C. § 751   Cited 1,423 times   3 Legal Analyses
    Defining crime of escape and penalties