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Turner Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 20, 1970
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Turner v. UnitedSearch
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States - 396 U.S. 398 (1970) U.S. Supreme Court Turner v. UnitedSearch
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States, 396 U.S. 398 (1970) Turner v. UnitedSearch
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standard applied in Leary v. UnitedSearch
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cannot be rested solely upon the presumption. Pp. 396 U. S. 423 -424. (c) To the extent that Casey v. UnitedSearch
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applicable to the possession of marihuana was unconstitutional as not having a sufficient rational basis. Leary v. UnitedSearch
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has been upheld by this Court with respect to opium and heroin, Yee Hem v. UnitedSearch
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Roviaro v. UnitedSearch
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a). Casey v. UnitedSearch
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States, 276 U. S. 413 (1928). Leary v. UnitedSearch
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and transporting heroin which (2) was illegally imported and which (3) he knew was illegally imported. See Harris v. UnitedSearch
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the proved fact of possession and the presumed fact that theirs was smuggled merchandise. Mobile, J. & K. C. R. Co. v. TurnipseedSearch
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that the heroin in his possession had originated in a foreign country. Cf. Leary v. UnitedSearch
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Leary v. UnitedSearch
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presumption with respect to cocaine, we reach a contrary result. In Erwing v. UnitedSearch
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the bare fact of possessing heroin is far short of sufficient evidence from which to infer any of these acts. Cf. Tot v. UnitedSearch
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of packaging did not point unequivocally to the conclusion that Turner was distributing heroin not in a stamped package. v. FinallySearch
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a) presumption cannot be deemed a conviction based on sufficient evidence. To the extent that Casey v. UnitedSearch
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accepting application of the presumption to persons found in possession of opium, morphine, or heroin include Gee Woe v. UnitedSearch
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Charley Toy v. UnitedSearch
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Copperthwaite v. UnitedSearch
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United States v. LissSearch
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Dear Check Quong v. UnitedSearch
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Cellino v. UnitedSearch
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Walker v. UnitedSearch
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United States v. SavageSearch
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Lucero v. UnitedSearch
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States, 311 F.2d 457 (C.A. 10th Cir.1962), cert. denied sub nom. Maestas v. UnitedSearch
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Garcia v. UnitedSearch
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Especially Tot v. UnitedSearch
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States, 319 U. S. 463 (1943), United States v. GaineySearch
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U. S. 63 (1965), and United States v. RomanoSearch
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Under prior decisions, principally United States v. GaineySearch
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challenge either the inference of illegal importation or the inference of his knowledge of that fact, or both. Harris v. UnitedSearch
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Yee Hem v. UnitedSearch
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United States v. PeeplesSearch
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Chavez v. UnitedSearch
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Griego v. UnitedSearch
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inference as applied to his case, the instruction on the statutory inference is normally given. See, e.g., McIntyre v. UnitedSearch
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Vick v. UnitedSearch
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United States v. FeinbergSearch
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F.2d 425 (C.A. 7th Cir.1941), cert. denied, 315 U.S. 801 (1942). See also Erwin v. UnitedSearch
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Caudillo v. UnitedSearch
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U.S. Supreme Court Turner v. UnitedSearch
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Casey v. UnitedSearch
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See Harris v. UnitedSearch
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Mobile, J. & K. C. R. Co. v. TurnipseedSearch
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