SMITH

v.

UNITED STATES

Citator

Cited By (66 total)

• Miller v. State, 403 So. 2d 1017 (Fla. 5th DCA 1981)
  …nd the firm testimony of the witness, the totality of the circumstances makes the identification appear reliable. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); U. S. v. Osborne, 630 F. 2d 374 (5th Cir. 1980), cert. denied, 450 U.S. 934, 101 S.Ct. 1398, 67 L.Ed.2d 369 (1981). Appellant says that his confession to the police officer should be suppressed because the officer knew that appellant was represented by an attorney under a separate and distinct charge, that in the other cas…
• State v. Schrager, 472 So. 2d 896 (Fla. 4th DCA 1985)
  …n the warrant. Further, some courts have held that a warrant is sufficiently specific where-it limits the items to be seized to “instrumentalities of the specified offense,” United States v. Osborne, 630 F. 2d 374, 378 (5th Cir.1980), cert. denied, 450 U.S. 934, 101 S.Ct. 1398, 67 L.Ed.2d 369 (1981), notwithstanding that the property to be seized is itself described in very general terms. See also United States v. Johnson, 690 F. 2d 60 (3d Cir.1982), cert. denied, 459 U.S. 1214, 103 S.Ct. 1212, 75 L.Ed.2d…
• Washington v. Watkins, 655 F.2d 1346 (5th Cir. 1981)
  …hat Washington has utterly failed to demonstrate that any of the party-goers other than the witnesses Reeves did call would have supported Washington’s alibi. Our comments in United States v. Guerra, 628 F. 2d 410, 413 (5th Cir. 1980), cert. denied, 450 U.S. 934, 101 S.Ct. 1398, 67 L.Ed.2d 369 (1981), are apposite here: Complaints concerning uncalled witnesses [require] a heavy showing [by the petitioner] since the presentation of testimonial evidence is a matter of trial strategy and often allegations of…

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