STAHLMAN

v.

RHAY, PENITENTIARY SUPERINTENDENT

Citator

Cited By (42 total)

• Klingler v. United States, 409 F.2d 299 (8th Cir. 1969)
  …, 393 U.S. 1100, 89 S.Ct. 1201, 22 L.Ed.2d 474 (1969); Moodyes v. United States, supra; Mulligan v. United States, 358 F. 2d 604, 605 (8th Cir. 1966); Drummond v. United States, 350 F. 2d 983 (8th Cir. 1965), cert. denied, Castaldi v. United States, 384 U.S. 944, 86 S.Ct. 1469, 16 L.Ed.2d 542 (1966). II. THE MIRANDA ISSUE On the day of Klingler’s arrest, he was interviewed at the Minnehaha County Jail in Sioux Falls by Special Investigator John Cronin of the Alcohol and Tobacco Tax Division of the Treasur…
• United States v. Severo D. Espinosa, 771 F.2d 1382 (10th Cir. 1985)
  …th Cir.1965) (admission of revolver shells into evidence was not prejudicial because they were only cumulative evidence, they were not taken into the jury room for consideration, and no particular emphasis was placed on them), cert. de [*1407] nied, 384 U.S. 944, 86 S.Ct. 1469, 15 L.Ed.2d 542 (1966). We hold that the district court did not abuse its discretion in admitting Exhibit 77 in evidence. VIII. SUPPRESSION OF EVIDENCE Defendants Espinosa, Atucha, Larrazleta, Hernandez, Nunez, and Santa Cruz argue…
• United States v. Heath, 580 F.2d 1011 (10th Cir. 1978)
  …te. Whether the defendant voluntarily consented to the search is a question of fact, Schneckloth v. Bustamonte, 412 U.S. 218, 248-49, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Wren v. United States, 352 F. 2d 617, 618-19 (10th Cir. 1965), cert. denied, 384 U.S. 944, 86 S.Ct. 1469, 16 L.Ed.2d 542 (1966), to be determined from the totality of all the circumstances. Schneckloth v. Bustamonte, 412 U.S. at 248-49, 93 S.Ct. 2041. A finding of consent is improper in the absence of “clear and positive testimony that…