KRUSE

v.

UNITED STATES

Citator

Cited By

• United States ex rel. Joel Smith v. Montanye, 505 F.2d 1355 (2d Cir. 1974)
  …be entertained. United States ex rel. Smith v. Follette, 405 F. 2d 1199, 1201 (2d Cir. 1969); United States ex rel. Sloan v. McMann, 415 F. 2d 275 (2d Cir. 1969); United States ex rel. Headley v. Mancusi, 415 F. 2d 277 (2d Cir. 1969), cert. denied, 399 U.S. 932, 90 S.Ct. 2265, 26 L.Ed.2d 802 (1970); but cf. United States ex rel. Ross v. LaVallee, 448 F. 2d 552 (2d Cir. 1971). Despite the express directive both of the New York Court of Appeals and of this court, petitioner failed to apply to the state trial…
• United States v. Wolfenbarger, 696 F.2d 750 (10th Cir. 1982)
  …ove the crime charged. The rule is satisfied if there is substantial independent evidence which will tend to establish the trustworthiness of the ... incriminating statement.” Mapys v. United States, 409 F. 2d 964, 967 (10th Cir.1969), cert. denied, 399 U.S. 932, 90 S.Ct. 2266, 26 L.Ed.2d 802 (1970). Thus, it is not enough for Mr. Wolfenbarger to argue simply that the corroborating evidence does not logically preclude his innocence. The corroborating evidence must go to the believability of the statement,…
• Bermudez v. Smith, 797 F.2d 108 (2d Cir. 1986)
  …aims have not been resolved: there has been no “express determination that there is no just reason for delay” and no “express direction for the entry of judgment.” United States ex rel. Headley v. Mancusi, 415 F. 2d 277 (2d Cir.1969), cert. denied, 399 U.S. 932, 90 S.Ct. 2265, 26 L.Ed.2d 802 (1970), does not require a different result. In that case, this court affirmed the district court’s denial of a motion to amend a habeas petition. The court there held that it could entertain the appeal, even though ot…