COLEY ET AL.

v.

UNITED STATES

Citator

Cited By (21 total)

• Gagne v. Maher, 594 F.2d 336 (2d Cir. 1979)
  …es judicata. However, the State did not make this argument in the district court and it is precluded from raising this new issue on appeal. See United States v. Friedland, 391 F. 2d 378, 381-82 (2d Cir. 1968), 441 F. 2d 855 (2d Cir.), cert. denied, 404 U.S. 867, 914, 92 S.Ct. 143, 30 L.Ed.2d 111 (1971). In addition, we conclude that this case is not a proper one for application of res judicata, since the State, has not established that the identical issues raised in the federal action were litigated in the…
• United States v. Marchand, 564 F.2d 983 (2d Cir. 1977)
  …5 L.Ed.2d 102 (1970), that an indictment stemming from such an investigation should be dismissed — and we doubt whether such an implication was ever justified — has been dissipated by United States v. Friedland, 441 F. 2d 855 (2 Cir.), cert. denied, 404 U.S. 867, 914, 92 S.Ct. 143, 239, 30 L.Ed.2d 111, 188 (1971), and United States v. Cole, 463 F. 2d 163, 172 (2 Cir.), cert. denied, 409 U.S. 942, 93 S.Ct. 238, 34 L.Ed.2d 193 (1972). . The trial court did not find, as defendant argues, that Perkins’ photogr…
• United States v. Cruz, 478 F.2d 408 (5th Cir. 1973)
  …heir defense to have this pretrial insight to the government’s proof and that the government had deliberately aborted such an examination by continuance until an indictment was obtained.6 United States v. Coley, 5 Cir., 441 F. 2d 1299, cert. denied, 404 U.S. 867, 92 S.Ct. 85, 30 L.Ed.2d 111 (1971). We conclude that Costello is unaffected by the recent amendment to the Jencks Act.7 Taking a different approach, the appellants argue that their indictments were invalid because the grand jury did not have befo…