BACKUS

v.

PENNSYLVANIA

Citator

Cited By

• United States v. Alpheus Holiday, 319 F.2d 775 (2d Cir. 1963)
  …ained counsel during that period. No effort was made to subpoena the missing witnesses. The granting of a one-day continuance under these circumstances was within the court’s discretion. United States v. Lyons, 256 F. 2d 749 (2d Cir.), cert. denied, 358 U.S. 911, 79 S.Ct. 240, 3 L.Ed.2d 232 (1958). (2) Although the Government may be under a duty to disclose an informer’s name under some circumstances, Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), it is under no obligation to pu…
• United States v. White, 324 F.2d 814 (2d Cir. 1963)
  …ined. Moreover, appellant’s counsel had not been dilatory in locating Lynn or in making it clear to the court and the prosecution that he intended to rely heavily upon his testimony. Cf. United States v. Lyons, 256 F. 2d 749 (2d Cir.), cert. denied, 358 U.S. 911, 79 S.Ct. 240, 3 L.Ed.2d 232 (1958). Discretion in granting continuances rests with the trial judge. United States v. Cimino, supra. However, each case depends upon its particular facts. Here appellant had actual possession of the narcotics, he made…
• Matysek v. United States, 339 F.2d 389 (9th Cir. 1964)
  …at the trial, and taken up on direct appeal. It is not an issue which can be raised to attack a judgment collaterally under § 2255. Turner v. United States, 262 F. 2d 643 (8th Cir. 1959); United States v. Lyons, 256 F. 2d 749 (2d Cir.), cert, denied 358 U.S. 911, 79 S.Ct. 240, 3 L.Ed.2d 232 (1958); Stanley v. United States, 239 F. 2d 765 (9th Cir. 1957); Anderson v. United States, 338 F. 2d 618 (9th Cir. decided November 24, 1964). Grounds which were apparent when appellant appealed from her conviction can…