SAYLOR

v.

OVERBERG, CORRECTIONAL SUPERINTENDENT

Citator

Cited By

• United States v. Capo, 791 F.2d 1054 (2d Cir. 1986)
  …did adopt it we would construe it narrowly, ruling that any statement beyond a simple “no” does not fall within the exception. See United States v. Grotke, 702 F. 2d at 52-53; United States v. Shanks, 608 F. 2d 73, 75-76 (2d Cir.1979), cert. denied, 444 U.S. 1048, 100 S.Ct. 740, 62 L.Ed.2d 736 (1980); United States v. Adler, 380 F. 2d 917, 922 (2d Cir.), cert. denied, 389 U.S. 1006, 88 S.Ct. 561, 19 L.Ed.2d 602 (1967); United States v. McCue, 301 F. 2d 452, 455 (2d Cir.), cert. denied, 370 U.S. 939, 82 S.Ct.…
• United States v. Robertson, 698 F.2d 703 (5th Cir. 1983)
  …1, 450 U.S. 933, 101 S.Ct. 1396; 67 L.Ed.2d 367; United States v. Strother, D.C.Cir.1978, 578 F. 2d 397, 404-05; United States v. Terrack, 9 Cir.1975, 515 F. 2d 558, 560; cf. United States v. Wray, 8 Cir.1979, 608 F. 2d 722, 724, cert. denied, 1980, 444 U.S. 1048, 100 S.Ct. 739, 62 L.Ed.2d 735. IV. In short, the last thing Robertson wanted to do was to plead guilty. Regardless of [*710] how wrong he was on the law with respect to the defenses put forth in his motion to dismiss, he wanted to urge those defe…
• Witherspoon v. United States, 633 F.2d 1247 (6th Cir. 1980)
  …ilure of which a guilty finding would result. Three courts of appeals have considered the basic issues with which we grapple. In each case, the judgment of conviction was affirmed. United States v. Wray, 608 F. 2d 722 (8th Cir. 1979), cert. denied, 444 U.S. 1048, 100 S.Ct. 739, 62 L.Ed.2d 735 (1980); United States v. Strother, 578 F. 2d 397 (D.C.Cir.1978); United States v. Terrack, 515 F. 2d 558 (9th Cir. 1975). We are particularly impressed with and we adopt the views expressed by Judge McGowan for a pane…