Opinion · Supreme Court of the United States

Gallop v. United States

Gallop v. United States, 487 U.S. 1211 (1988)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1988-06-20
Topic
general

How later courts describe this case

  • holding that arrest of suspect was supported by eyewitness identification of suspect by assailant at scene of crime
  • applying Strickland and holding trial counsel’s concession of defendant’s guilt of murder, but not capital murder, during closing arguments in face of overwhelming proof was tactical decision
  • other crime directly preceded and led to the crime charged, therefore evidence of the other crime was interrelated and inseparable from the charged crime; exceptions listed in M.R.E. 404(b) not exclusive
  • other crimes evidence admissible when necessary to tell a rational and coherent story
  • indictment alleged use of a gun; held to be sufficient without further proof of what type of gun had been used
  • veniremember "wore a hat in the courtroom . . . and his general demeanor suggested to the prosecutor that he was unstable, unconcerned, and had no respect for the proceedings"
  • “The fact that a witness cannot 9 give a positive identification of another person goes to the weight of his testimony, not to its admissibility; therefore, the lack of positive identification is a jury issue.”
  • motion to substitute made 5 days before trial

Citator

UpLaw has not yet analyzed Gallop v. United States. The absence of a flag is not a finding that it is good law.

Cited by
245 opinions

C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.