INDIVIGLIO ET AL.

v.

UNITED STATES

Citator

Cited By

• MacKENNA v. Ellis, 280 F.2d 592 (5th Cir. 1960)
  …actitioner is attested by the many important cases which have been argued before this Court and the Supreme Court o'f the United States, e.g., Indiviglio et al. v. United States, 5 Cir., 1957, 249 F. 2d 549, 551, reversed by the Supreme Court, 1958, 357 U.S. 574, 78 S.Ct. 1381, 2 L.Ed.2d 1547. . “The evidence is that before these lawyers were .appointed that MacKenna beckoned to them and they went over and talked to him in the courtroom in Dallas County, that later the same morning they were appointed to r…
• United States v. Santa, 236 F.3d 662 (11th Cir. 2000)
  …It is well settled, however, "that no opinion can be considered as binding authority unless the case calls for its expression.” Indiviglio v. United States, 249 F. 2d 549, 561 (5th Cir.1957), rev’d on other grounds by Indiviglio v. United States, 357 U.S. 574, 78 S.Ct. 1381, 2 L.Ed.2d 1547 (1958). As the court’s statement in Nixon was unnecessary to its decision, it is a dictum and does not control our decision in this case. . We note that this language most often appears in cases dealing with "stale”…
• Henderson v. United States, 261 F.2d 909 (5th Cir. 1958)
  …sympathy should, in my opinion, be reserved for the hapless victims referred to by the Governor of New York. . See dissenting opinion in Shurman v. United States, 5 Cir., 233 F. 2d 272, 280, footnote 6. . And cf. Indiviglio v. United States, 1958, 357 U.S. 574, 78 S.Ct. 1381, 2 L. Ed.2d 1547, reversing our decision reported in 249 F. 2d 549; and Giordonello v. United States, 1958, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503, reversing our decision reported in 241 F. 2d 575; and see Gilmore v. United State…

Authorities Cited

• Agnello v. United States, 269 U.S. 20 (U.S. 1925)
• Jencks v. United States, 353 U.S. 657 (U.S. 1957)