FLETCHER

v.

MAUPIN ET AL.

Citator

Cited By

• Proffer v. United States, 288 F.2d 182 (5th Cir. 1961)
  …ich he knew and had intelligently waived would have been a useless act. Its performance was not required by the constitution. Its omission did not deprive the court of jurisdiction.” O’Keith v. Johnston, 9 Cir., 129 F. 2d 889, 891, certiorari denied 317 U.S. 680, 63 S.Ct. 161, 87 L.Ed. 546. Of course, in order for this language to be apposite, we must assume that Adkison knew of his constitutional right. This we think we should do, because he was a lawyer and because on the record before us he has not even…
• Dear Publ'n & Radio, Inc. v. Commissioner of Internal Revenue, 274 F.2d 656 (3d Cir. 1960)
  …. See Mitsubishi Shoji Kaisha Ltd. v. Societe Purfina Maritime, 9 Cir., 1942, 133 F. 2d 552, 555, certiorari denied 1943, 318 U.S. 781, 63 S.Ct. 858, 87 L.Ed. 1148; Fletcher v. Maupin, 76 U.S.App. D.C. 63, 129 F. 2d 46, 49, certiorari denied 1942, 317 U.S. 680, 63 S.Ct. 161, 87 L. Ed. 545; Filbin Corporation v. United States, D.C.E.D.S.C.1920, 266 F. 911, 913; cf. Gillette Motor Transport, Inc. v. Commissioner, 5 Cir., 265 F. 2d 648, certiorari granted 1959, 361 U.S. 881, 80 S. Ct. 151, 4 L.Ed.2d 118; Mid…
• Payne v. Wingo, 442 F.2d 1192 (6th Cir. 1971)
  …mony and, in the light of it and the other testimony, himself have found the facts and based his disposition of the cause upon his findings.” Id. at 353-354, 61 S.Ct. at 1019. Accord, O’Keith v. Johnston, 122 F. 2d 554 (9th Cir. 1941), cert. denied, 317 U.S. 680, 63 S.Ct. 161, 87 L.Ed. 546 (1942); cf. Application of Murra, 166 F. 2d 605 (7th Cir. 1948). The Court in Holiday reasoned that One of the essential elements of the determination of the crucial facts is the weighing and appraising of the testimony.…