VOORHES ET AL.

v.

DEMPSEY, GOVERNOR OF CONNECTICUT, ET AL.

Citator

Cited By

• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton, 351 F.2d 429 (3d Cir. 1965)
  …re was no right to counsel [*440] at that stage of the proceeding, Lyles v. Beto, 329 F. 2d 332 (5 Cir. 1964), the Supreme Court has vacated that latter judgment and remanded the case back to the Court of Appeals in light of its decision in Massiah. 379 U.S. 648, 85 S.Ct. 613, 13 L.Ed.2d 552 (1965). The Court of Appeals for the District of Columbia has, in dictum, agreed with the result we reach here. Greenwell v. United States, D.C.Cir., 336 F. 2d 962, 966 (1964).8 In two later decided cases of that Circu…
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager, 405 F.2d 632 (3d Cir. 1969)
  …eral prosecutions? (2) Was it restricted to special “circumstances” or did it confer an absolute right to counsel in all cases following indictment? (3) Was it to be applied retroactively? The first of these questions was answered in Lyles v. Beto, 379 U.S. 648, 85 S.Ct. 613, 13 L.Ed.2d 552 (1965). The defendant in Lyles had been convicted of burglary in a state prosecution. His extrajudicial confession given after indictment while not represented by counsel was introduced at trial. Relying on Spano v. New…
• Beatty v. United States, 377 F.2d 181 (5th Cir. 1967)
  …ten confession voluntarily made by the defendant after indictment but before appointment of counsel. On certiorari the Supreme Court, in a memorandum per curiam, vacated the judgment and remanded the case for reconsideration in light of Massiah. See 379 U.S. 648, 85 S.Ct. 613, 13 L.Ed.2d 552. Though the majority states that Massiah is applicable only to the facts and circumstances of that case, it is clear that legal principles have evolved from Massiah which are applicable here and that once a person is in…