BAILEY

v.

CALIFORNIA

Citator

Cited By

• United States v. LEE, 540 F.2d 1205 (4th Cir. 1976)
  …ould have been a significant deterrent, and that the further deterrent effect of exclusion at sentencing would have been minimal. See 435 F. 2d at 28 n. 1. Our previous decision in Armpriester v. United States, 256 F. 2d 294 (4 Cir.), cert. denied, 358 U.S. 856, 79 S.Ct. 88, 3 L.Ed.2d 90 (1958), is not a bar to the result we reach here. There, we suggested in dictum that a sentence could not be based upon evidence obtained from information elicited from a defendant in violation of the McNabb-Mallory rule:…
• McKINNEY v. DE Bord, 507 F.2d 501 (9th Cir. 1974)
  …the notice of appeal purports to be on behalf of all plaintiffs, it is signed only by McKinney. The notice of appeal must be signed by the party or the party’s attorney. Fed.R. Civ.P. 11. See Wilson v. Dixon, 256 F. 2d 536 (9th Cir.), cert. denied, 358 U.S. 856, 79 S.Ct. 89, 3 L.Ed.2d 90 (1958). Since McKinney is not an attorney, the purported appeals by Viola McKinney and Wimberley must be dismissed and it is so ordered. Additionally, since McKinney is no longer incarcerated, his request for declaratory j…
• United States v. Moore, 484 F.2d 1284 (4th Cir. 1973)
  …es v. Tucker, 404 U.S. 443, 446, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972) (dictum). The court, however, may not rely on evidence that was obtained by unconstitutional means, Arm-priester v. United States, 256 F. 2d 294, 297 (4th Cir.), cert, denied, 358 U.S. 856, 79 S.Ct. 88, 3 L.Ed.2d 90 (1958) (dictum), or prior convictions that have been vacated because they were constitur tionally defective. United States v. Tucker, supra, The rule that a sentencing court may consider the defendant’s credibility as a w…