MOSLEY

v.

SMITH, WARDEN

Citator

Cited By (63 total)

• Suarez v. State, 481 So. 2d 1201 (Fla. 1985)
  …ithout notice to defense counsel when the defendant requests or acquiesces to the interview. Again we have no problem in finding that a violation does occur under these circumstances. United States v. Thomas, 474 F. 2d 110 (10th Cir.), cert. denied, 412 U.S. 932, 93 S.Ct. 2758, 37 L.Ed.2d 160 (1973) (DR 7-104 violated when prosecution uses statement, at trial, taken by FBI agent during interview requested by defendant); United States v. Four Star, 428 F. 2d 1406 (9th Cir.), cert. denied, 400 U.S. 947, 91 S.…
• United States v. Gaetano Modica, 663 F.2d 1173 (2d Cir. 1981)
  …. Authority of the Circuit Court The Court of Appeals also has power to fashion remedies directly against an attorney persistently engaging in improper courtroom conduct. See United States v. Thomas, 474 F. 2d 110, 111-12 (10th Cir.), cert. denied, 412 U.S. 932, 93 S.Ct. 2758, 37 L.Ed.2d 160 (1973). A reprimand in a published opinion that names the prosecutor is not without deterrent effect.7 A Court of Appeals, exercising its supervisory power over the administration of criminal justice,8 may well have au…
• Megill v. Bd. OF Regents OF the State OF Fla., 541 F.2d 1073 (5th Cir. 1976)
  …aker is a basic constituent of minimum due process. Ferguson v. Thomas, 430 F. 2d 852, 856 (5th Cir. 1970); Simard v. Board of Educ., 473 F. 2d 988, 993 (2d Cir. 1973). In Duke v. North Texas State Univ., 469 F. 2d 829 (5th Cir. 1972), cert. denied, 412 U.S. 932, 93 S.Ct. 2760, 37 L.Ed.2d 160 (1973), this Court refused to adopt any per se rule disqualifying administrative hearing bodies. The record must support actual partiality of the body or its individual members. “In the absence of evidence to the contr…