FELDER

v.

SMITH, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (35 total)

• United States v. Patrick, 542 F.2d 381 (7th Cir. 1976)
  …determine whether Patrick satisfied his preliminary burden with respect to the defense of duress, we must initially identify the elements of such defense. In the recent case of United States v. Nickels, 502 F. 2d 1173 (7th Cir. 1974), cert. denied, 426 U.S. 911, 96 S.Ct. 2237, 48 L.Ed.2d 837 (1976), this court was faced with a situation wherein the defendant had asserted duress as a defense to the charge of committing perjury before a grand jury. While agreeing that duress could be a defense to such a char…
• United States v. Martin, 599 F.2d 880 (9th Cir. 1979)
  ….S.C. § 2518(5). The length of time during which a wiretap is used is a crucial factor in determining whether there has been reasonable minimization of communications intercepted. United States v. Chavez, 533 F. 2d 491, 493 (9th Cir.), cert. denied, 426 U.S. 911, 96 S.Ct. 2237, 48 L.Ed.2d 837 (1976). In this case, the longest wiretap on any one set of telephones was that placed on Johnson’s phones. The initial wiretap and the extension of the wiretap together extended over a period of 37 days. In light of t…
• The People OF the Territory OF Guam v. Jae Hung Yang, 850 F.2d 507 (9th Cir. 1988)
  …rify" and “explain" these criteria have had the result of creating confusion and uncertainty, and have repeatedly been struck down by the courts of review of this state. People v. Garcia, 54 Cal.App.3d 61, 63, 126 Cal.Rptr. 275 (1975), cert.denied, 426 U.S. 911, 96 S.Ct. 2238, 48 L.Ed.2d 838 (1976). .California case law is particularly relevant here because the statutory development of section 1096 is identical to that of Guam Criminal Code section 90.23. In both cases a variety of definitions for reasona…