STILTNER

v.

RHAY, PENITENTIARY SUPERINTENDENT, ET AL.

Citator

Cited By

• Williams v. Adams, 436 F.2d 30 (2d Cir. 1970)
  …s the present issue. Brinegar v. United States, 338 U.S. 160, 175-176, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); United States v. Traceski, 271 F.Supp. 883, 885 (D.Conn.1967); cf. United States v. Rosse, 418 F. 2d 38, 39, n. 2 (2 Cir.1969), cert. denied, 397 U.S. 998, 90 S.Ct. 1143, 25 L.Ed.2d 408 (1970). Inevitably, issues such as ours must be resolved upon the particular facts which vary from case to case. See, e.g., the discussion by Circuit Judge (now Justice) Blackmun in Rodgers v. United States, 362 F. 2d…
• United States v. Johnson, 506 F.2d 674 (8th Cir. 1974)
  …26 L.Ed.2d 419 (1969); cf. Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); Moodyes v. United States, 400 F. 2d 360 (8th Cir. 1968), cert. denied, 397 U.S. 998, 90 S.Ct. 1141, 25 L.Ed.2d 407 (1970). At the time of the search Johnson was a known fugitive. The extent of the initial search was limited to weapons, which were found. Under the circumstances, the search was reasonable and should be upheld.…
• United States v. Mastrangelo, 693 F.2d 269 (2d Cir. 1982)
  …o refuting testimony improperly admitted. The government cannot use the defendant’s rebuttal testimony as grounds for claiming independent vitality for its inadmissible evidence.” United States v. Rosse, 418 F. 2d 38, 42 (2d Cir.1969), cert. denied. 397 U.S. 998, 90 S.Ct. 1143, 25 L.Ed.2d 408 (1970). Since the entire course of the trial was affected by the admission of Bennett’s testimony in the government’s main case, Mastrangelo’s decision to testify cannot be a basis for a waiver.…