LELY

v.

KALINOGLU

Citator

Cited By

• Walker v. Butterworth, 599 F.2d 1074 (1st Cir. 1979)
  …r’s dock. . As both courts noted, the Massachusetts Supreme Judicial Court had used similar reasoning in rejecting a nearly identical self-incrimination claim at a much earlier date. Commonwealth v. Millen, 289 Mass. 441, 194 N.E. 463 cert. denied, 295 U.S. 765, 55 S.Ct. 924, 79 L.Ed. 1706 (1935). The Millen case was decided long before Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964) applied fifth amendment principles to the states. Thus, Millen should carry little, if any, precedential w…
• United States v. Davison, 555 F.2d 1376 (9th Cir. 1977)
  …ous count be defective or rejected, that circumstance will not vitiate the remaining count(s), if the reference be sufficiently full. These cases are cited with [*1378] approval in Wheeler v. United States, 77 F. 2d 216, 218 (CA9 1935), cert, denied 295 U.S. 765, 55 S.Ct. 927, 79 L.Ed. 1707 (1935). True enough, these cases were decided before the adoption of the Federal Rules of Criminal Procedure. Nonetheless, the rules were grounded on cases such as Blitz, Crain, and Wheeler. The law announced by the Sup…