MATTHEWS ET AL.
v.
UNITED STATES; AND COOK V. UNITED STATES

U.S. | 1970-06-15
Nos. 375; No. 531
Mr. Justice Harlan would grant the petitions for certiorari, vacate the judgment of the Court of Appeals, and remand the cases to that court for further consideration in light of Leary v. United States, 395 U. S. 6 (1969).
398 U.S. 968 Supreme Court of the United States (1970) Positive Treatment
Cited by 17 cases


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Cited By (17 total)

  • United States v. Darby, 744 F.2d 1508 (11th Cir. 1984)
    …the producibility of a statement under the Jencks Act. Although his ruling is subject to appellate review, it is sustainable unless clearly erroneous.” Matthews v. United States, 407 F. 2d 1371, 1376 (5th Cir.1969) (citation omitted), cert. denied, 398 U.S. 968, 90 S.Ct. 2177, 26 L.Ed.2d 554 (1970); see United States v. Cathey, 591 F. 2d 268, 274 (5th Cir.1979); Lloyd v. United States, 412 F. 2d 1084, 1088 (5th Cir.1969). Having examined Etheridge’s statement, we cannot say that the district court’s findin…
  • United States v. Noble C. Beasley, 519 F.2d 233 (8th Cir. 1975)
    …o might have knowledge of the presence of such a statement or to conduct an in camera inspection. See, e. g., United States v. Bell, 457 F. 2d 1231, 1235 (5th Cir. 1972); Matthews v. United States, 407 F. 2d 1371, 1376 (5th Cir. 1969), cert. denied, 398 U.S. 968, 90 S.Ct. 2177, 26 L.Ed.2d 554 (1970). All of these possibilities were exhausted in the case at bar. The trial court’s ultimate resolution of this fact question then must be accorded its full weight under the clearly erroneous test. E. g., United St…
  • United States v. Cruz, 478 F.2d 408 (5th Cir. 1973)
    …re was approved by this court in United States v. Blackburn, 446 F. 2d 1089, 1090 (5th Cir. 1971), [*413] cert. denied, 404 U.S. 1017, 92 S.Ct. 679 30 L.Ed.2d 665 (1972); Matthews v. United States, 407 F. 2d 1371, 1376 (5th Cir. 1969), cert. denied, 398 U.S. 968, 90 S.Ct. 2177-2178, 26 L.Ed.2d 554 (1970). . Appellant Cruz, of course, was found guilty as a member of both conspiracies and would not have been entitled to a severance in any event. Cf. United States v. Walker, 453 F. 2d 1205 (5th Cir. 1972). .…

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