SHINABERRY

v.

UNITED STATES

Citator

Cited By

• United States v. Giacalone, 541 F.2d 508 (6th Cir. 1976)
  …426 F. 2d 1354, 1356 (6th Cir. 1970). However, such a determination is not conclusive, but is subject to review under standards which have been variously stated by this court. In Evans v. United States, 242 F. 2d 534, 536 (6th Cir.), cert. denied, 353 U.S. 976, 77 S.Ct. 1059, 1 L.Ed.2d 1137 (1957), we stated that the magistrate’s determination of probable cause is “conclusive unless his judgment is arbitrarily exercised.” See also United States v. Nicholson, 303 F. 2d 330, cert. denied, 371 U.S. 823, 83 S…

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• United States v. Chicarelli, 445 F.2d 1111 (3d Cir. 1971)
  …n of trial by jury, and we are disposed to give him great leeway.” . The same principle has been applied to objections made after the verdict to remarks of opposing counsel, Hohensee v. United States, 243 F. 2d 367, 372-373 (3d Cir.), cert. denied, 353 U.S. 976, 77 S.Ct. 1058, 1 L.Ed.2d 1136, rehearing denied, 354 U.S. 927, 77 S.Ct. 1376, 1 L.Ed. 2d 1441 (1957), and to improperly admitted evidence, United States v. Bogish, 204 F. 2d 507 (3d Cir. 1953) ; Blodgett v. United States, 161 F. 2d 47, 51-52 (8th C…
• Gilbert v. United States, 291 F.2d 586 (9th Cir. 1961)
  …urn cannot affect the true facts as to the date of arrest, where no party or counsel has been misled or deceived. Nor can an error in a ministerial act void the warrant (cf. Evans v. United States, 6 Cir., 1957, 242 F. 2d 534, 536, certiorari denied 353 U.S. 976, 77 S.Ct. 1059, 1 L.Ed.2d 1137), even if there is a complete failure to make any return. Rose v. United States, 6 Cir., 1921, 274 F. 245, 250. The case, was tried below on the theory the arrest on January 2, 1959, was lawful. Appellant’s counsel sta…