ASHBY

v.

VIRGINIA

Citator

Cited By (17 total)

• Slawek v. United States, 413 F.2d 957 (8th Cir. 1969)
  …965), cert. denied, 382 U.S. 847, 86 S.Ct. 92, 15 L.Ed.2d 87; Baca v. United States, 383 F. 2d 154, 156 (10 Cir.1967), cert. denied, 390 U.S. 929, 88 S.Ct. 868, 19 L.Ed.2d 994; Bearden v. United States, 403 F. 2d 782, 784 (5 Cir.1968), cert. denied, 393 U.S. 1111, 89 S.Ct. 920, 21 L.Ed.2d 808. While Slawek concedes that review of this point was made on direct appeal, he says that this “is misleading” and “only partly true.” He claims that what was argued and decided on the appeal was the trial court’s abuse…
• United States v. Musgrave, 444 F.2d 755 (5th Cir. 1971)
  …ections were brought to the attention of the trial court. Those that were not may be reviewed if they come within the purview of the plain error rule, Fed.R. Crim.P. 52(b). Bearden v. United States, 5 Cir. 1968, 403 F. 2d 782, 786-787, cert. denied, 393 U.S. 1111, 89 S.Ct. 920, 21 L.Ed.2d 808. I. In the introductory portion of the charge, the trial judge stated: This is a very serious case. It merits your careful consideration and I am sure it will receive it, just as you have carefully given your attenti…
• United States ex rel. Thomas Durso & Michael Gargano v. Pate, 426 F.2d 1083 (7th Cir. 1970)
  …hael Gargano, were convicted in the Circuit Court of Cook County, Illinois, of the crime of murder of one Anthony Moschiano. The Illinois Supreme Court affirmed their convictions. People v. Durso, 40 Ill.2d 242, 239 N.E. 2d 842 (1968), cert. denied, 393 U.S. 1111, 89 S.Ct. 923, 21 L.Ed.2d 807 (1969). They then filed a petition for a writ of habeas corpus in the court below, alleging several grounds on which it was contended that their conviction was obtained in violation of the Constitution of the United Sta…