WESTOVER

v.

RICHENBERGER ET AL.

Citator

Cited By (19 total)

• United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985)
  …d this factual determination is entitled to deference by this Court. In addition, the underlying facts of the case supporting this conclusion were practically self-evident. United States v. Guerrero, 667 F. 2d 862, 866 (10th Cir.1981), cert. denied, 456 U.S. 964, 102 S.Ct. 2044, 72 L.Ed.2d 490 (1982) (“The circumstances were so obvious that the court could not fail to have taken judicial notice of those facts.”). By granting a continuance, the district court could consolidate Darnall’s trial with that of…
• United States v. Rush, 738 F.2d 497 (1st Cir. 1984)
  …ora of motions, the potentially intricate questions raised by the first amendment defense, and the procedural tangle resulting from various defendants’ changes in position. Cf. United States v. Guerrero, 667 F. 2d 862, 866 (10th Cir.), cert. denied, 456 U.S. 964, 102 S.Ct. 2044, 72 L.Ed.2d 490 (1982) (court need not articulate self-evident facts supporting (h)(8)(A) continuance). We also note in passing that, although defendants do not bear the primary responsibility for alerting the court to speedy trial…
• United States v. Mitchell, 723 F.2d 1040 (1st Cir. 1983)
  …on to extend the time for filing the indictment. Where the motion sets forth the basic facts, and they are obvious, it is not necessary for the court to articulate them. United States v. Guerrero, 667 F. 2d 862, 866-67 (10th Cir.1981), cert. denied, 456 U.S. 964, 102 S.Ct. 2044, 72 L.Ed.2d 490 (1982). By tracking the language of the statute, the judge here demonstrated that he was aware of what requirements had to be met before a continuance could be granted. The facts meeting those requirements were set fo…