RUSSELL

v.

COOPER, WARDEN

Citator

Cited By

• United States v. Klein, 560 F.2d 1236 (5th Cir. 1977)
  …nt. “It is a well settled rule of law that only previous convictions, and not previous acts of misconduct not resulting in conviction, can be used for impeachment purposes”. United States v. Turner, 497 F. 2d 406, 407 (10th Cir. 1974), cert. denied 423 U.S. 848, 96 S.Ct. 90, 46, L.Ed.2d 71 (1975). Accord: Brown v. Coating Specialists, Inc., 465 F. 2d 340 (5th Cir. 1972); United States v. Davenport, 449 F. 2d 696 (5th Cir. 1971). This rule has spawned controversy where the “conviction” sought to be used for…
• Ellis v. United States Dep't OF Hous. & Urban Dev., 551 F.2d 13 (3d Cir. 1977)
  …ntiffs had no right to be heard prior to rent increases was somewhat gratuitous. In the second case, Fleming v. R.I.G.H.T. Corp., Civil No. 73-2559 (E.D.Pa. June 19, 1974) (unpublished), aff’d without opinion, 511 F. 2d 1393 (3d Cir.), cert. denied, 423 U.S. 848, 96 S.Ct. 88, 46 L.Ed.2d 70 (1975), occupants of § 236 housing made a similar argument and the district court, finding jurisdiction, did hold that plaintiffs were not entitled to be heard. Because we have affirmed that low income tenants do not have…
• United States v. Brzoticky, 588 F.2d 773 (10th Cir. 1978)
  …titutes a conviction that is admissible for impeaching a witness in a federal criminal case is not to be determined by the statutes or the decisional law of the forum state. United States v. Turner, 497 F. 2d 406, 407 (10th Cir. 1974), cert. denied, 423 U.S. 848, 96 S.Ct. 90, 46 L.Ed.2d 71 (1975). The Fifth Circuit in a per curiam opinion rejected the notion that a plea of nolo contendere constitutes a prior conviction. United States v. Dotson, 555 F. 2d 134 (5th Cir. 1977). It, however, emphasized what wa…