BRANDT

v.

HEINZE, WARDEN

Citator

Cited By (55 total)

• Knight v. State, 394 So. 2d 997 (Fla. 1981)
  …l, briefs and oral argument in this cause. In Roberts there was a specific request at the trial court level for the instruction, and we [*1003] adopted the rule of law expressed in Lyles v. United States, 254 F. 2d 725 (D.C.Cir. 1957), cert. denied, 356 U.S. 961, 78 S.Ct. 997, 2 L.Ed.2d 1067 (1958), cert. denied, 362 U.S. 943, 80 S.Ct. 809, 4 L.Ed.2d 771 (1960), cert. denied, 368 U.S. 992, 82 S.Ct. 610, 7 L.Ed.2d 529 (1962). Clearly, our Roberts decision did not adopt a rule of law dictated by the United St…
• McDONALD v. United States, 312 F.2d 847 (D.C. Cir. 1962)
  …erous to himself or others. D.C.Code § 24-301 (d). This statement is required unless it “appears affirmatively on the record” that the defendant did not want it. Lyles v. United States, 103 U.S.App.D.C. 22, 25, 254 F. 2d 725, 728, certiorari denied, 356 U.S. 961, 78 S.Ct. 997, 2 L.Ed.2d 1067. Second, in its charge the court twice enumerated the alternative verdicts available to the jury. But both times it failed [*849] to include “not guilty because of insanity.” Thus, before charging on the issue of insan…
• Pope v. United States, 372 F.2d 710 (8th Cir. 1967)
  …t, should not enter into your determination of guilt or innocence under the plea submitted.” The defense would justify its position primarily upon the authority of Lyles v. United States, 103 U.S.App.D.C. 22, 254 F. 2d 725, 728 (1957), cert. denied 356 U.S. 961, 78 S.Ct. 997, 2 L.Ed.2d 1067, and Pollard v. United States, 285 F. 2d 81 (6 Cir. 1960). We, however, find no error and see no reason why we should depart from the long-established principle that, in the absence of some specific statutory provision,…