WARNER
v.
UNITED STATES

U.S. | 1975-10-06
No. 74-6336
423 U.S. 843 Supreme Court of the United States (1975) Caution
Cited by 18 cases

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  • Allen v. State, 526 So. 2d 69 (Fla. 1988)
    …, 513 F. 2d 198 (9th Cir.) (where defendant committed under Youth Corrections Act on one count, court held it was inconsistent with purpose of Act to treat defendant as adult on second count and impose additional consecutive sentence), cert. denied, 423 U.S. 843, 96 S.Ct. 78, 46 L.Ed.2d 64 (1975); Ex parte Jackson, 415 So. 2d 1169 (Ala.1982) (where statute establishes maximum probationary sentence of three years, defendant convicted simultaneously of two separate felonies and sentenced to three years probat…
  • United States ex rel. Johnny Veal v. DeROBERTIS, 693 F.2d 642 (7th Cir. 1982)
    …34 (1970), it was later held to be unconstitutional following the United States Supreme Court’s decision in Wardius v. Oregon, 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82 (1973). People v. Fields, 59 Ill.2d 516, 322 N.E. 2d 33 (1974), cert. denied, 423 U.S. 843, 96 S.Ct. 80, 46 L.Ed.2d 65 (1975). The fatal aspect of the statute was its failure to provide for adequate reciprocal discovery rights. Both the Illinois Appellate Court and this court have held that Wardius is to be applied retroactively. See Pe…
  • United States v. Domingo Salinas-Calderon, 728 F.2d 1298 (10th Cir. 1984)
    …(1983); Klingler v. United States, 409 F. 2d 299, 304 (8th Cir.), cert. denied, 396 U.S. 859, 90 S.Ct. 127, 24 L.Ed.2d 110 (1969); United States ex rel. Senk v. Brierley, 381 F.Supp. 447 (M.D.Pa.1974), aff’d, 511 F. 2d 1396 (3d Cir.), cert. denied, 423 U.S. 843, 96 S.Ct. 77, 46 L.Ed.2d 63 (1975). In Royer, the Supreme Court noted that “[t]he fact that the officers did not believe there was probable cause and proceeded on a consensual or Terry -stop rationale would not foreclose the State from justifying…

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