BURKHART

v.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Citator

Cited By

• Dutton v. Evans, 400 U.S. 74 (U.S. 1970)
  …o ordered. The parties agree that this death sentence cannot be carried .out. See n. 20, infra. Evans v. State, 222 Ga. 392, 150 S. E. 2d 240. 385 U. S. 953. The opinion of the District Court is unreported. Evans v. Dutton, 400 F. 2d 826, 827. 393 U. S. 1076. Since, as will appear,- the Court of Appeals held that a Georgia statute relied upon by the State at the trial was unconstitutional as applied, there can be no doubt of the right of appeal to this Court. 28 U. S. C. § 1254 (2). Three of these were…
• United States v. Harrell, 436 F.2d 606 (5th Cir. 1970)
  …ld have been admissible against him only; it could never be properly received in proof of Harrell’s guilt.8 Scarborough [*614] v. United States, 5 Cir. 1956, 232 F. 2d 412. Cf. Evans v. Dutton, 5 Cir. 1968, 400 F. 2d 826, probable jurisdiction noted 393 U.S. 1076, 89 S.Ct. 862, 21 L.Ed.2d 770; restored to calendar for reargument 397 U.S. 1060, 90 S.Ct. 1494, 25 L.Ed.2d 682. We hold further, despite the fact that it came in without objection, that permitting the jury to hear proof as to Norris’ pre-trial ple…
• United States v. Am. Radiator & Standard Sanitary Corp., 433 F.2d 174 (3d Cir. 1970)
  …osecution to produce all available witnesses whose declarations it seeks to use in a criminal trial.” A Confrontation Clause challenge to the co-conspirator exception has been made in Evans v. Dutton, 400 F. 2d 826 (5th Cir. 1968), prob. jur. noted, 393 U.S. 1076, 89 S.Ct. 862, 21 L.Ed.2d 770 (1969). . They have made little attempt to'document their claim by specific page refer-' enees to the record. . E. g., N.T. 978 (J.A. 361a), 989 (J.A. 365a), 1008 (J.A. 368a), 2397 (J.A. 204a), 2469 (J.A. 214a), GX-51…