COLEMAN

v.

UNITED STATES

Citator

Cited By (21 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. 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…
• United States v. Hathaway, 798 F.2d 902 (6th Cir. 1986)
  …593, 602, 47 S.Ct. 531, 534, 71 L.Ed. 793 (1927)). Presented with the same facts now before this court, the Ninth Circuit has held the “well knowing” language to be surplus-age. United States v. Love, 535 F. 2d 1152, 1158 (9th Cir.), cert. denied, 429 U.S. 847, 97 S.Ct. 131, 50 L.Ed.2d 119 (1976). The rationale of the Love court, which we find persuasive and now adopt, was as follows. The court began by recognizing that, “ ‘[o]ne who acts with reckless indifference as to whether a representation is true o…