MARLIN

v.

UNITED STATES

Citator

Cited By (52 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …ch after-the-fact disclosure. Grant’s motion was based on the violation of Rule 6(e) and United States v. Malatesta, 583 F. 2d 748 (5th Cir. 1978), rehearing en banc, 590 F. 2d 1379 (5th Cir.) (adopting panel opinion in relevant part), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (1979). He claimed that disclosure to him was necessary in order to enable him to determine whether any abuses had occurred in the manner that the material that had been presented to the first grand jury had been present…
• Washington v. Watkins, 655 F.2d 1346 (5th Cir. 1981)
  …ved effective assistance of counsel is a “mixed question of fact and law,” rather than purely a question of fact.4 E. g., Harris v. Oliver, 645 F. 2d 327, 330 n.3 (5th Cir. 1981); Norris v. Wainwright, 588 F. 2d 130, 134-35 (5th Cir.), cert. denied, 444 U.S. 846, 100 S.Ct. 93, 62 L.Ed.2d 60 (1979); United States v. Gray, 565 F. 2d 881, 887 & n.18 (5th Cir.), cert. denied, 435 U.S. 955, 98 S.Ct. 1587, 55 L.Ed.2d 807 (1978); Trahan v. Estelle, 544 F. 2d 1305, 1314 (5th Cir. 1977) (Goldberg, J., specially conc…
• United States v. Cole, 755 F.2d 748 (11th Cir. 1985)
  …es v. Conway, 632 F. 2d 641, 643 (11th Cir.1980). To be sure, participation in a criminal conspiracy can be inferred from a “development and collection of circumstances.” United States v. Malatesta, 590 F. 2d 1379, 1381 (5th Cir.1981), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (quoting Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942)). To prove the existence of a conspiracy, the government must show an agreement or common purpose to violate the law. United States v. Wa…