BUSH

v.

UNITED STATES

Citator

Cited By (12 total)

• In re Hall v. Fin. ONE OF Ga. Inc., 752 F.2d 582 (11th Cir. 1985)
  …of state laws that provided for less exemptions than did the federal law. Rhodes v. Stewart, 705 F. 2d 159 (6th Cir.1983), cert. denied, — U.S. —, 104 S.Ct. 427, 78 L.Ed.2d 361 (1984); Matter of Sullivan, 680 F. 2d 1131 (7th Cir.1982), cert. denied, 459 U.S. 992, 103 S.Ct. 349, 74 L.Ed.2d 388 (1983). . The McManus court concluded that there was no ambiguity in the language of the statute, and thus declined to discuss the legislative history. 681 F. 2d at 357 n. 7. The Sixth Circuit in Pine observed that t…
• United States v. Concepcion, 983 F.2d 369 (2d Cir. 1992)
  …is no overriding necessity for their use, see, e.g., Joshua v. Maggio, 674 F. 2d 376, 377-78 (5th Cir.) (where defendants and robbery victims taken to hospital for treatment of noncritical injuries, hospital showup unduly suggestive), cert. denied, 459 U.S. 992, 103 S.Ct. 351, 74 L.Ed.2d 389 (1982). In determining whether a showup was constitutionally permissible, the court must carefully consider all of the surrounding circumstances. The fairness of a photographic array depends on a number of factors,…
• Strahan v. Blackburn, 750 F.2d 438 (5th Cir. 1985)
  …1015, 103 S.Ct. 374, 74 L.Ed.2d 508 (1982). 10 year delay State prejudiced because: i. transcripts not available; ii. police, witnesses, and defense counsel had no recollection of trial. Tippett v. Wyrick, 680 F. 2d 52 (8th Cir.), cert. denied, 459 U.S. 992, 103 S.Ct. 350, 74 L.Ed.2d 389 (1982). 11 year delay State prejudiced by death of defense counsel whose testimony was vital to respond to petitioner’s charge that guilty plea was involuntary and that he did not receive effective assistance of coun…