KINGSBURY

v.

UNITED STATES

Citator

Cited By

• Pezzella v. State, 390 So. 2d 97 (Fla. 3d DCA 1980)
  …such generality, however, as to lodge in the executing officer virtually unlimited discretion as to what property shall be seized, is repugnant ... to the Constitution .... However, in United States v. Davis, 589 F. 2d 904 (5th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979), a search warrant which authorized the seizure of “white string, brown paper, correlated [sic] paper . ...” was held sufficient. There, the investigating officers were seeking to link an explosive device sent t…
• Washington v. Watkins, 655 F.2d 1346 (5th Cir. 1981)
  …Ogle v. Estelle, 641 F. 2d 1122, 1128 (5th Cir. 1981); Hill v. Wainwright, 617 F. 2d 375, 380 (5th Cir. 1980); Wilkerson v. United States, 591 F. 2d 1046, 1047 (5th Cir. 1979); Franklin v. United States, 589 F. 2d 192, 194 (5th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2177, 60 L.Ed.2d 1055 (1979); Jones v. Estelle, 584 F. 2d 687, 690 (5th Cir. 1979); Carbo v. United States, 581 F. 2d 91, 92 (5th Cir. 1978); United States v. Alvarez, 580 F. 2d 1251, 1254 (5th Cir. 1978). . Accord, Nelson v. Estelle, 642…
• United States v. Whitten, 706 F.2d 1000 (9th Cir. 1983)
  …ine. Gish failed to make a preliminary showing that the officer deliberately or recklessly falsified his affidavit. A Franks hearing was properly denied by the trial judge. United States v. Young Buffalo, 591 F. 2d 506, 510 (9th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979). Improper Jury Instructions Gish claims that the jury instructions on conspiracy were confusing and that the judge commented on the evidence. An appellate court must review the instructions as a whole and def…