BARKAN

v.

UNITED STATES ET AL.

Citator

Cited By

• Smith v. United States, 353 F.2d 838 (D.C. Cir. 1965)
  …in suppressing certain evidence seized from Cunningham in violation of his rights, and sought to present expert testimony about the wisdom of applying the death penalty to his client. . Barkan v. United States, 7 Cir., 305 F. 2d 774, cert. denied, 371 U.S. 915, 83 S.Ct. 261, 9 L.Ed.2d 173 (1962), and United States v. Morris, E.D.Pa., 178 F.Supp. 694 (1959), affirmed per curiam, 3 Cir., 277 F. 2d 927, cert. denied, 364 U.S. 848, 81 S.Ct. 91, 5 L.Ed.2d 72 (1960), reached an opposite result. However, since t…
• Kissell v. Westinghouse Elec. Corp., 367 F.2d 375 (1st Cir. 1966)
  …F. 2d 375, condemns a special inquiry addressed to contributory negligence, we disagree. Such questions are constantly put. See, e. g., in addition to the cases hitherto cited, Delpit v. Nocuba Shipping Co., 5 Cir., 1962, 302 F. 2d 835, cert. den., 371 U.S. 915, 83 S.Ct. 262, 9 L.Ed. 2d 173; McDonnell v. Timmerman, 8 Cir., 1959, 269 F. 2d 54. It would be a purposeless restriction to say that special interrogatories cannot be mixed questions of law and fact, provided that the jury is properly instructed as…
• Barkan v. The United States, 341 F.2d 95 (10th Cir. 1965)
  …an was denied relief by the sentencing court in 28 U.S.C. § 2255 proceedings upon the same grounds. This judgment was affirmed in a comprehensive opinion setting forth the pertinent facts. Barkan v. United States, 7 Cir., 305 F. 2d 774, cert, denied 371 U.S. 915, 83 S.Ct. 261, 9 L.Ed.2d 173 We have recently said “ * * habeas corpus is not an additional, alternative, or supplemental remedy to the relief afforded by motion in the sentencing court under § 2255.” Williams v. United States, 10 Cir., 323 F. 2d…