WEILAND

v.

PARRATT, WARDEN

Citator

Cited By (27 total)

• Scott v. State, 345 So. 2d 414 (Fla. 2d DCA 1977)
  …defend himself must be honored. Thus, in applying the first criterion, we agree with the Supreme Court of California in People v. McDaniel, 16 Cal.3d 156, 127 Cal.Rptr. 467, at 473, 545 P. 2d 843 at 849 (1976), cert. denied, McDaniel v. California, 429 U.S. 847, 97 S.Ct. 131, 50 L.Ed.2d 119 (1976) when it declined to give Faretta retroactive effect and stated: “. . . the purpose of the rule is to secure to an accused the personal freedom to choose how and by whom he will defend against a criminal charge.…
• United States v. McDONALD, 576 F.2d 1350 (9th Cir. 1978)
  …Cir. 1977). In mail fraud cases, “[o]ne who acts with reckless indifference as to whether a representation is true or false is chargeable as if he had knowledge of its falsity.” United States v. Love, 535 F. 2d 1152, 1158 (9th Cir.), cert. denied, 429 U.S. 847, 97 S.Ct. 130, 50 L.Ed.2d 119 (1976) (quoting Irwin v. [*1359] United States, 338 F. 2d 770, 774 (9th Cir. 1964), cert. denied, 381 U.S. 911, 85 S.Ct. 1530, 14 L.Ed.2d 433 (1965)). The government maintains that McDonald’s general knowledge of the A…
• United States v. Diggs, 649 F.2d 731 (9th Cir. 1981)
  …cert. denied, 439 U.S. 830, 99 S.Ct. 105, 58 L.Ed.2d 124 (1978); United States v. Love, 535 F. 2d 1152, 1158 (9th Cir.) (“reckless indifference” as to the truth or falsity of a representation satisfies requirement of acting knowingly), cert. denied, 429 U.S. 847, 97 S.Ct. 130, 50 L.Ed.2d 119 (1976). . Oliverez’ argument that he is not guilty of mail or wire fraud because he did not himself send, mail, or transmit any communication is without merit. See United States v. Goldstein, 532 F. 2d 1305, 1316 (9th…