DIGILIO ET AL.

v.

UNITED STATES

Citator

Cited By (48 total)

• Gaines v. State, 406 So. 2d 523 (Fla. 4th DCA 1981)
  …(1967); Grant v. State, 390 So. 2d 341 (Fla.1980). This two-pronged test, first fashioned in regard to visual identification, is equally applicable to voice identification cases. United States v. Flickinger, 573 F. 2d 1349 (9th Cir.), cert. denied, 439 U.S. 836, 99 S.Ct. 119, 58 L.Ed.2d 132 (1978). See Roper v. Beto, 454 F. 2d 499 (5th Cir. 1972). The State argues with some force that the Farley phone call on November 21, 1978, was not a suggestive confrontation [*528] procedure. We agree that the procedu…
• United States v. McCONNEY, 728 F.2d 1195 (9th Cir. 1984)
  …ble to the district court’s determination that the federal agents’ failure to comply with the requirements of section 3109 was excused by exigent circumstances. In United States v. Flickinger, 573 F. 2d 1349, 1356-57 & n. 2 (9th Cir.), cert. denied, 439 U.S. 836, 99 S.Ct. 119, 58 L.Ed.2d 132 (1978), this court held that the “mixed fact-law question” of exigent circumstances is factual in nature and therefore reviewable on appeal under the deferential, clearly erroneous standard. We took this case en bane to…
• Heath v. Jones, 863 F.2d 815 (11th Cir. 1989)
  …go behind the pleadings by bringing to the court’s attention other matters which demonstrate that there are no fact matters which require a trial. Save Our Cemeteries, Inc. v. Archdiocese of New Orleans, Inc., 568 F. 2d 1074 (5th Cir.), cert. denied 439 U.S. 836, 99 S.Ct. 120, 58 L.Ed.2d 133 (1978). However, as the United States Court of Appeals for the Fifth Circuit5 has said: Summary judgment procedure is not a catch penny contrivance to take unwary litigants into its toils and deprive them of a trial, i…