SIERRA

v.

UNITED STATES

Citator

Cited By (65 total)

• State of Fla. ex rel. Ronald Wainwright LEE v. Honorable George L. Harper, 372 So. 2d 1012 (Fla. 1st DCA 1979)
  …on period was inconsequential, and the trial court’s subsequent order setting the case for trial on June 5,1978, was not beyond “a reasonable time” as authorized by Rule 3.191(f) and United States v. Davis, 487 F. 2d 112 (5th Cir. 1973), cert. den., 415 U.S. 981, 94 S.Ct. 1573, 39 L.Ed.2d 878 (1974). The petition for prohibition is DENIED. ERVIN, J., concurs. BOOTH, J., specially concurs. . Rule 3.191(f) provides that “the court may order an extension of time or continuance where exceptional circumstanc…
• United States v. MacDONALD, 456 U.S. 1 (U.S. 1982)
  …holding that right attaches from initial military arrest through civilian trial, although in fact civilian indictment immediately followed dismissal of military charges). But see United States v. Davis, 487 F. 2d 112, 116 (CA5 1973), cert. denied, 415 U. S. 981 (1974). Even the Circuits whose opinions the majority cites as support have issued somewhat contradictory signals on this question. See United States v. Lai Ming Tanu, 589 F. 2d 82, 88-89 (CA2 1978) (leaving open question whether speedy trial right…
• United States v. Thevis, 665 F.2d 616 (5th Cir. 1982)
  …23 (5th Cir. 1980), cert. denied, 450 U.S. 930, 101 S.Ct. 1389, 67 L.Ed.2d 362 (1981). We conclude that the identification at issue here was not unnecessarily suggestive. See United States v. Davis, 487 F. 2d 112, 122 (5th Cir. 1973), cert. denied, 415 U.S. 981, 94 S.Ct. 1573, 39 L.Ed.2d 878 (1974) (observation of defendant by witness immediately prior to trial did not violate due process). The purely inadvertent meeting contained no hint of suggestiveness. The prosecutor did not show McMurray pictures of…