STEVENSON
v.
MANCUSI, WARDEN

U.S. | 1966-11-07
No. 651
385 U.S. 939 Supreme Court of the United States (1966) Positive Treatment
Cited by 3 cases

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Cited By

  • United States v. Anderson, 481 F.2d 685 (4th Cir. 1973)
    …145; United States v. Coley (5th Cir. 1971) 441 F. 2d 1299, 1301; United States v. Chase (4th Cir. 1967) 372 F. 2d 453, 467, cert. denied 387 U.S. 907, 87 S.Ct. 1688, 18 L.Ed.2d 626; Braxton v. Peyton (4th Cir. 1966) 365 F. 2d 563, 565, cert. denied 385 U.S. 939, 87 S.Ct. 306, 17 L.Ed.2d 218.3 The purpose of a preliminary hearing is not to provide a discovery mechanism for the defendant, though this may be a collateral or incidental benefit from the hearing, but merely to determine “whether probable cause e…
  • …sel, 14 Ill.App.3d 105, 302 N.E. 2d 213 (1973) (citing an unpublished decision of the Illinois Supreme Court). Petitioner also argues that federal standards of waiver of counsel apply citing Cox v. Burke, 361 F. 2d 183 (7th Cir. 1966), cert. denied, 385 U.S. 939, 87 S.Ct. 304, 17 L.Ed.2d 218 but due process only forbids the state from acting in an arbitrary or capricious manner or from acting on an impermissible basis. We need not speculate regarding Illinois standards as applied to this case because the h…
  • Creighbaum v. Warden John C. Burke, 398 F.2d 822 (7th Cir. 1968)
    …by Miranda, he suggests that this Court may want to follow its reasoning in this case. Petitioner takes issue with the “flexible” standard applied here by the District Judge, in reliance on Cox v. Burke, 7 Cir., 1966, 361 F. 2d 183, 186, cert. den. 385 U.S. 939, 87 S.Ct. 304, 17 L.Ed.2d 218, which is concerned with fundamental fairness: determination of the legal adequacy of waiver of counsel is made in view of the totality of circumstances of a particular case. The District Court in applying this pre-Mira…
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