PHILLIPS

v.

MURCHISON

Citator

Cited By

• United States v. Burton, 584 F.2d 485 (D.C. Cir. 1978)
  …to retain or substitute counsel, and thereby violates the defendant’s Sixth Amendment right, the violation is made out, and harmless error tests do not apply. . United States ex rel. Davis v. McMann, 386 F. 2d 611, 620 (2d Cir. 1967), cert. denied, 390 U.S. 958, 88 S.Ct. 1049, 19 L.Ed.2d 1153 (1968); United States v. Mitchell, 354 F. 2d 767, 769 (2d Cir. 1966). . United States v. Poulack, supra, 556 F. 2d at 86; United States v. Bragan, supra, 499 F. 2d at 1378-79; Giacalone v. Lucas, supra, 445 F. 2d at…

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• United States ex rel. Francisco Martinez v. Warden James A. Thomas, 526 F.2d 750 (2d Cir. 1975)
  …not require the granting of a writ. However, the result of this denial was that Martinez defended himself — reluctantly, unwillingly7 and greatly to his detriment. See United States ex rel. Davis v. McMann, 386 F. 2d 611 (2 Cir. 1967), cert. denied, 390 U.S. 958, 88 S.Ct. 1049, 19 L.Ed.2d 1153 (1968). We cannot escape the conclusion on this record that appellant was given [*756] no freedom of choice to decide whether he wished to defend himself. His choice, if choice it can be called, was based entirely on…
• United States v. Vallejo, 496 F.2d 960 (1st Cir. 1974)
  …ce — may be waived if one able to afford counsel does not retain him within a reasonable time. See, e. g., United States v. Terry, 449 F. 2d 727 (5th Cir. 1971); United States ex rel. Davis v. McMann, 386 F. 2d 611, 618 (2d Cir. 1967), cert. denied, 390 U.S. 958, 88 S. [*965] Ct. 1049, 19 L.Ed.2d 1153 (1968); Leino v. United States, 338 F. 2d 154 (10th Cir. 1964); United States v. Arlen, 252 F. 2d 491 (2d Cir. 1958). The district court was entitled to find that Rodriguez, who had been informed of the trial…