JOHNSON

v.

UNITED STATES

Citator

Cited By (42 total)

• Evans v. State, 356 So. 2d 1355 (Fla. 1st DCA 1978)
  …unaware of any decisions finding the exclusionary rule is applicable in a revocation hearing. Moreover, appellant does not deny his admission nor does he attack its voluntariness. United States v. Johnson, 455 F. 2d 932 (5th Cir. 1972), cert. den., 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101 (1972). In addition, the testimony of the probation officer was only cumulative to that of Police Officer Leath. There was sufficient competent evidence to find a violation of probation. At the close of the revocation…
• Minnesota v. Murphy, 465 U.S. 420 (U.S. 1984)
  …tion of probation. Although a revocation proceeding must comport with the requirements of due process, it is not a criminal proceeding. Gagnon v. Scarpelli, 411 U. S. 778, 782 (1973); United States v. Johnson, 455 F. 2d 932, 933 (CA5), cert. denied, 409 U. S. 856 (1972). Just as there is no right to a jury trial before probation may be revoked, neither is the privilege against compelled self-incrimination available to a probationer. It follows that whether or not the answer to a question about a residential…
• United States v. Greene, 497 F.2d 1068 (7th Cir. 1974)
  …it. The language of the indictment, insofar as it goes beyond alleging the elements of the statute, is mere surplus-age. Such surplusage in an indictment need not be proved. United States v. Archer, 455 F. 2d 193, 194 (10th Cir. 1972), cert. denied, 409 U.S. 856, 93 S.Ct. 135, 34 L.Ed.2d 100; Milentz v. United States, 446 F. 2d 111, 114 (8th Cir. 1971); Gawne v. United States, 409 F. 2d 1399, 1403 (9th Cir. 1969), cert. denied, 397 U.S. 943, 90 S.Ct. 956, 25 L.Ed.2d 123 (1970). The defendant relies on Ex pa…