GARDNER

v.

PEPERSACK, WARDEN

Citator

Cited By (12 total)

• Maxwell v. Stephens, 348 F.2d 325 (8th Cir. 1965)
  …dition.” . Needham v. State, 215 Ark. 935, 224 S.W. 2d 785 (1949); Fields v. State, 235 Ark. 986, 363 S.W. 2d 905 (1963). . Leggett v. State, 227 Ark. 393, 299 S.W. 2d 59 (1957); Leggett v. State, 228 Ark. 977, 311 S.W. 2d 521 (1958), cert. denied 357 U.S. 942, 78 S.Ct. 1393, 2 L.Ed.2d 1556; Leggett v. Henslee, 230 Ark. 183, 321 S.W. 2d 764 (1959), cert. denied 361 U.S. 865, 80 S.Ct. 127, 4 L.Ed.2d 106; Leggett v. State, 231 Ark. 7, 328 S.W. 2d 250 (1959); Leggett v. State, 231 Ark. 13, 328 S.W. 2d 252 (1…
• Schwab v. United States, 327 F.2d 11 (8th Cir. 1964)
  …such a meaning was there, purposefully or by accident, we deem its force fully negated by the Turley decision. Thirdly, although Boone has since been cited by the Fourth Circuit, Scott v. United States, 255 F. 2d 18, 20 (4 Cir. 1958), cert. denied 357 U.S. 942, 78 S.Ct. 1392, 2 L.Ed.2d 1555; Miller v. United States, 261 F. 2d 546, 547 (4 Cir. 1958); and United States v. Oates, 314 F. 2d 593, 594 (4 Cir. 1963), and by the Fifth Circuit, Lyda v. United States, 279 F. 2d 461, 464 (5 Cir. 1960), the “permanen…
• United States v. Espinoza, 641 F.2d 153 (4th Cir. 1981)
  …); United States v. McManus, supra. The question of transfer under Rule 21(b) is within the court’s discretion, and its action can be reversed only for an abuse of that discretion. Scott v. United States, 255 F. 2d 18 (4th Cir. 1958), cert. denied, 357 U.S. 942, 78 S.Ct. 1392, 2 L.Ed.2d 1555 (1958). Under the circumstances here, we find no abuse of discretion by the trial court in its denial of Espinoza’s Rule 21(b) motion. IV. Espinoza contends the court erred by denying his motion to suppress evidence…