DAVIS

v.

AULT, WARDEN

Citator

Cited By

• United States v. Manbeck, 744 F.2d 360 (4th Cir. 1984)
  …he trial court held that only Brogden had standing to raise this objection because the right against self-incrimination is personal and may not be vicariously asserted, citing United States v. Dowdy, 486 F. 2d 1042, 1043 (5th Cir.1973) cert. denied, 415 U.S. 992, 94 S.Ct. 1592, 39 L.Ed.2d 888 (1974); Hall v. United States, 413 F. 2d 45, 48 (5th Cir.1969). Defendants have not specifically appealed this determination and, in any event, the Fifth Amendment claim is ultimately resolved against Brogden. Therefor…
• Stevens v. Zant, 968 F.2d 1076 (11th Cir. 1992)
  …eems counsel was not even aware of the weakness inherent in his "fruit of the poisonous tree” argument. See United States v. Dowdy, 486 F. 2d 1042 (5th Cir.1973) (holding that standing to assert Fifth Amendment privilege is personal), cert. denied, 415 U.S. 992, 94 S.Ct. 1592, 39 L.Ed.2d 888 (1974); Lively v. State, 227 Ga. 35, 226 S.E. 2d 581 (1976) (same). . Yet, we are not convinced that it would have been unsound strategy if defense counsel had sought to introduce Stevens’ statement as exculpatory evi…