BYRNES

v.

UNITED STATES

Citator

Cited By (21 total)

• Spinelli v. United States, 382 F.2d 871 (8th Cir. 1967)
  …ces, but argues that to grant a continuance for the purpose of obtaining an indictment is contrary to the spirit of the rules. This very question was answered to the contrary in Byrnes v. United States, 327 F. 2d 825, 834 (9 Cir. 1964), cert. denied 377 U.S. 970, 84 S.Ct. 1652, 12 L.Ed.2d 739. That case held the reason behind the government’s request for a continuance was speculation. Even so, the grant of a week continuance even for the purpose of allowing grand jury indictment was not improper absent a sh…
• Bayless v. United States, 381 F.2d 67 (9th Cir. 1967)
  …indicted, he had no right to a preliminary hearing. Probable cause for holding him for trial had been found by the grand jury. United States v. Salliey, 360 F. 2d 699 (CA 4, 1966); Byrnes v. United States, 327 F. 2d 825, 834 (CA 9, 1964), cert. den. 377 U.S. 970, 84 S.Ct. 1652, 12 L.Ed.2d 739. The appellant contends that he was denied his statutory right, under § 1654 of Title 28, United States Code, to conduct his own ease. A defendant has such a right and it is not only a statutory right but a constituti…
• Jackson v. United States, 353 F.2d 862 (D.C. Cir. 1965)
  …eal with federal rights, including the question of illegal search and seizure. See also the many cases applying this test in appeals from proceedings under 28 U.S.C. § 2255. E.g., Nichols v. United States, 5 Cir., 325 F. 2d 716 (1963), cert. denied, 377 U.S. 970, 84 S.Ct. 1651, 12 L.Ed.2d 739 (1964); Johnston v. United States,, 10 Cir., 292 F. 2d 51, cert. denied, 368 U.S. 906, 82 S.Ct. 186, 7 L.Ed.2d 100 (1961); Bayken v. United States, 6 Cir., 272 F. 2d 186 (1959); Hearn v. United States, 7 Cir., 194 F. 2…