FLEMING

v.

ALABAMA

Citator

Cited By

• Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991)
  …la. 3d DCA 1977); Wright v. State, 318 So. 2d 477 (Fla. 4th DCA 1975), cert. denied, 334 So. 2d 609 (Fla.1976); accord Barnes v. State, 168 Ga.App. 925, 310 S.E. 2d 777 (1983); People v. Foster, 100 A.D.2d 200, 473 N.Y.S.2d 978 (1984), cert. denied, 474 U.S. 857, 106 S.Ct. 166, 88 L.Ed.2d 137 (1985); see Charles, 565 So. 2d at 872; 4 C.J.S.Appeal & Error § 251 (1957). In the light of the strict requirements imposed upon a complaining defendant by Neil and its progeny to assert and press the exclusion issu…
• United States v. Long, 905 F.2d 1572 (D.C. Cir. 1990)
  …xcusable ne-gleet, the court concluded that “based on the facts present here the district court would find excusable neglect,” and proceeded to consider the merits of the case. See United States v. Reyes, 759 F. 2d 351, 354 (4th Cir.), cert. denied, 474 U.S. 857, 106 S.Ct. 164, 88 L.Ed.2d 136 (1985). Because Mayfield has proffered no excuse for her delay, the Reyes approach, even assuming that it can be squared with the language of rule 4(b), is not available to us here. .The other two individuals, indicte…
• Otey v. Grammer, 859 F.2d 575 (8th Cir. 1988)
  …cord voir dire and opening and closing statements. This being the prevailing practice, counsel cannot be found to have been unreasonable, and thus ineffective, for conforming to it. See Karabin v. Petsock, 758 F. 2d 966, 969 (3d Cir.), cert. denied, 474 U.S. 857, 106 S.Ct. 163, 88 L.Ed.2d 135 (1985). Cf. Mitchell v. Wyrick, 698 F. 2d 940, 941 (8th Cir.) (“Mere absence of a perfect transcript does not necessarily deny one due process of law.”), cert. denied, 462 U.S. 1135, 103 S.Ct. 3120, 77 L.Ed.2d 1373 (…