DELEVAY

v.

SCOTT ET AL.

Citator

Cited By (19 total)

• McKISSICK v. United States, 379 F.2d 754 (5th Cir. 1967)
  …trial or on appeal, cf. Brady v. United States, 8 Cir., 1928, 24 F. 2d 399, and the wealth of cases therein cited. In 1959, long after the adoption of the Federal Rules of Criminal Procedure, in United States v. Hoyland, 264 F. 2d 346, cert. denied, 361 U.S. 845, 80 S.Ct. 98, 4 L.Ed.2d 83, the Seventh Circuit held to like effect, citing Brady and other cases. In Hoyland, however, there had been a plea of guilty. The Court quoted what had been said in Caballero v. Hudspeth, 10 Cir., 1940, 114 F. 2d 545: “Th…
• United States v. Wilson, 578 F.2d 67 (5th Cir. 1978)
  …the two sales constituted practically one transaction. See United States v. Lee, 292 F. 2d 499 (2d Cir. 1961), [*73] cert. denied, 375 U.S. 946, 84 S.Ct. 354, 11 L.Ed.2d 276 (1963); United States v. McCartney, 264 F. 2d 628 (7th Cir.), cert. denied, 361 U.S. 845, 80 S.Ct. 98, 4 L.Ed.2d 83 (1959); Barnes v. United States, 8 F. 2d 832 (8th Cir. 1925); James v. United States, 279 F. 111 (5th Cir.), cert. denied, 260 U.S. 722, 43 S.Ct. 13, 67 L.Ed. 481 (1922). Cf. United States v. Alonzo, 571 F. 2d 1384 (5th Ci…
• Holly v. Smyth, 280 F.2d 536 (4th Cir. 1960)
  …th. He attacked the 1942 convictions for storebreaking as void for lack of counsel. His petition was denied, a writ of error was refused by the Supreme Court of Appeals of Virginia, and the Supreme Court of the United States denied certiorari, 1959, 361 U.S. 845, 80 S.Ct. 98, 4 L.Ed.2d 83. Thus Holly has, as the state concedes, properly exhausted his state remedies. Denial of the constitutional right to counsel is one of the grounds for relief most often raised in the numerous appeals in this court, involv…