FLORES ET AL.

v.

UNITED STATES

Citator

Cited By (46 total)

• Thomason v. State, 594 So. 2d 310 (Fla. 4th DCA 1992)
  …me time and declared a mistrial only as to that defendant. On appeal the court concluded that no alternatives less drastic than ending the trial were available to the trial court. In United States v. Wayman, 510 F. 2d 1020 (5th Cir.), cert, denied, 423 U.S. 846, 96 S.Ct. 84, 46 L.Ed.2d 67 (1975), defense counsel was injured in an automobile wreck and was unable to continue with the trial. In that case, as in Von Spivey, the attorney was completely incapacitated, with no possibility of returning to the cour…
• United States v. Louin Ray Bright, 630 F.2d 804 (5th Cir. 1980)
  …, that we are compelled to hold that the variance between the indictment and the proof did not affect Bright’s “substantial rights,” and hence is [*835] not fatal variance. See, e. g. United States v. Wayman, 510 F. 2d 1020 (5th Cir.), cert. denied, 423 U.S. 846, 96 S.Ct. 84, 46 L.Ed.2d 67 (1975); United States v. Cruz, 478 F. 2d 408 (5th Cir.), cert. denied, 414 U.S. 910, 94 S.Ct. 259, 38 L.Ed.2d 148 (1973). 3. Miscellaneous Counts In Count VI of the indictment Hamilton, Harter, Houston Morris, Harbin-fa…
• United States v. Martino, 648 F.2d 367 (5th Cir. 1981)
  …multiple conspiracies and a defendant’s involvement in at least one of them, then clearly there is no variance affecting that defendant’s substantial rights.” 609 F. 2d at 801, citing United States v. Wayman, 510 F. 2d 1020 (5th Cir.), cert. denied, 423 U.S. 846, 96 S.Ct. 84, 46 L.Ed.2d 67 (1975). Following the path of L’Hoste, we find no variance affecting the appellants’ substantial rights. We find no merit in any of appellants’ challenges to the indictment. C. Double Jeopardy Appellants submit that th…