U.S. v. CACCIA

No. 1162, Docket 96-1540.

122 F.3d 136 (1997)

UNITED STATES of America, Appellee, v. William CACCIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1997.


Attorney(s) appearing for the Case

Darrell B. Fields, The Legal Aid Society, New York City, for Defendant-Appellant.

Alexander H. Shapiro, Asst. U.S. Atty., New York City, Mary Jo White, U.S. Atty., Robert E. Rice, Asst. U.S. Atty., New York City, for Appellee.

Before: NEWMAN and CALABRESI, Circuit Judges, and HURLEY,


JON O. NEWMAN, Circuit Judge.

This appeal concerns a "missing witness" instruction, several versions of which have been approved, with varying degrees of enthusiasm, in this and other circuits. In this Circuit, one generally acceptable version of a "missing witness" instruction informs the jury that when a material witness is equally available to both parties but is not called to testify by either party, the jury may infer that the testimony of that witness would...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases