COLLINS

v.

BRIERLEY, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (11 total)

• State v. Williams, 434 So. 2d 967 (Fla. 3d DCA 1983)
  …y supported by the fact that Williams did not invoke his known right to stop the questioning even after he became well aware of just what was facing him, is the one adopted in Collins v. Brierly, 492 F. 2d 735 (3rd Cir.1974) (en banc), cert. denied, 419 U.S. 877, 95 S.Ct. 140, 42 L.Ed.2d 116 (1974), with which we completely agree: It is possible that in some situations the fact that the suspect was not aware of the offense under investigation would be of concern to the court in evaluating the totality of t…
• Battie v. Estelle, 655 F.2d 692 (5th Cir. 1981)
  …y is inconsistent with proof of the elements of the offense charged against the accused. Cf. notes 8 & 9, supra. Because the State may require the accused to bear the burden of proving insanity by a preponderance of the evidence, Rivera v. Delaware, 419 U.S. 877, 97 S.Ct. 226, 50 L.Ed.2d 160, dismissing appeal for want of a substantial federal question from, Rivera v. State, 351 A. 2d 561 (Del. 1976), or beyond a reasonable doubt, Leland v. Oregon, 343 U.S. 790, 798-99, 72 S.Ct. 1002, 1007-08, 96 L.Ed. 1302…
• The United States v. Powell, 513 F.2d 1249 (8th Cir. 1975)
  …lón and that he knowingly possessed the firearm. United States v. Mostad, 485 F. 2d 199, 200 (8th Cir. 1973), cert. denied, 415 U.S. 947, 94 S.Ct. 1468, 39 L.Ed.2d 563 (1974); United States v. Wiley, 478 F. 2d 415, 418 (8th Cir. 1973), cert. denied, 419 U.S. 877, 95 S.Ct. 143, 42 L.Ed.2d 119 (1974). Therefore, advice of counsel would constitute no defense, and the trial court did not err in refusing to give the proffered instruction. See United States v. Wood, 446 F. 2d 505, 507 (9th Cir. 1971).1 The judgm…