PHELPS

v.

UNITED STATES

Citator

Cited By

• United States v. Martino, 648 F.2d 367 (5th Cir. 1981)
  …to exactly when Noriega became a government informant, the answer to that question is not as significant as Young suggests. His reliance on United States v. Chase, 372 F. 2d 453 (4th Cir.), cert. denied, 387 U.S. 907, 87 S.Ct. 1688, 18 L.Ed.2d 626; 387 U.S. 913, 87 S.Ct. 1701, 18 L.Ed.2d 635 (1967), is misplaced. That case stands for the proposition that “one who acts as a government agent and enters into a purported conspiracy in the secret role of an informer cannot be a co-conspirator.” Id. at 459, citi…
• Washington v. Strickland, 693 F.2d 1243 (5th Cir. 1982)
  …g., Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 158, 164, 100 L.Ed. 83 (1955); Marino v. United States, 600 F. 2d at 463; Tuttle v. Decker, 386 F. 2d 814, 816 n. 1 (5th Cir. 1967); Cowens v. Wainwright, 373 F. 2d 34, 34 (5th Cir.), cert. denied, 387 U.S. 913, 87 S.Ct. 1701, 18 L.Ed.2d 635 (1967); United States v. Aulet, 618 F. 2d 182, 189 (2d Cir.1980). Cf. The Supreme Court, 1976 Term, 91 Harv.L.Rev. 70, 219 (1977) (noting the presumption of strategic choice in sixth amendment cases and suggesting an…
• Wilmer Lane Easter v. Estelle, 609 F.2d 756 (5th Cir. 1980)
  …ial strategy since to do so would have opened the door to introduction of Easter’s prior conviction for child molestation. Therefore, Easter’s claim does not rise to a constitutional level. Cowens v. Wainwright, 373 F. 2d 34 (5 Cir.), cert. denied, 387 U.S. 913, 87 S.Ct. 1705, 18 L.Ed.2d 637 (1967). Easter also claims that counsel waived appellant’s right to be tried by a jury chosen without racial discrimination. Easter relies on the fact that he was convicted by an all white jury that included only one…