RINALDI

v.

NEW JERSEY

Citator

Cited By (35 total)

• Brooks v. State, 172 So. 2d 876 (Fla. 1st DCA 1965)
  …may often appear otherwise, he has no duty to use devious means to secure an acquittal of a guilty person of to harass a court with unwarranted objections and motions. What we said in Hester v. United States, 10 Cir., 303 F. 2d 47, 49, cert. denied 371 U.S. 847, 83 S.Ct. 80, 9 L.Ed. 2d 82, is appropriate here: (Emphasis supplied.) “ '* * * Neither vigor nor skill can overcome truth. Success is not the test of effective assistance of counsel. Mitchell v. United States, 104 U.S.App.D. C. 57, 259 F. 2d 787.’…
• Williams v. Beto, 354 F.2d 698 (5th Cir. 1965)
  …s, only to have his objections over-ruled, risks alienating the jury even if he does not test the patience of the presiding judge. Cf. Rivera v. United States, 9 Cir., 318 F. 2d 606. Hester v. United States, (10 Cir., 1962), 303 F. 2d 47, cert. den. 371 U.S. 847, 83 S.Ct. 80, 9 L.Ed.2d 82. Harris v. United States, (5 Cir., 1957), 239 F. 2d 612. The petition next alleged that defense counsel failed to make any final argument in the cause. This allegation, too, was not true, for the state trial judge testifi…
• United States v. Grosso, 358 F.2d 154 (3d Cir. 1966)
  …t v. United States, 338 F. 2d 179, 182 (10th Cir. 1964); Mills v. Tinsley, 314 F. 2d 311, 313 (10th Cir. 1963), cert. den. 374 U.S. 847, 83 S.Ct. 1907, 10 L. Ed.2d 1067; United States v. Minieri, 303 F. 2d 550, 556 (2nd Cir. 1962), cert. [*160] den. 371 U.S. 847, 83 S.Ct. 79, 9 L.Ed. 2d 81, and the cases therein cited. However, it has been held that such action, when accompanied by other circumstances, may be coercive. See United States v. Pleva, 66 F. 2d 529 (2nd Cir. 1933). The illness of a juror may be r…