DUVALL
v.
UNITED STATES

U.S. | 1986-11-03
No. 86-5487
479 U.S. 937 Supreme Court of the United States (1986) Positive Treatment
Cited by 4 cases

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  • United States v. Hiland, 909 F.2d 1114 (8th Cir. 1990)
    …offer to stipulate. United States v. Bass, 794 F. 2d 1305, 1312 n. 6 (8th Cir.), cert. denied sub nom. Price v. United States, 479 U.S. 869, 107 S.Ct. 233, 93 L.Ed.2d 159 (1986); United States v. Ellison, 793 F. 2d 942, 949 (8th Cir.), cert. denied, 479 U.S. 937, 107 S.Ct. 415, 93 L.Ed.2d 366 (1986); United States v. Peltier, 585 F. 2d 314, 324 (8th Cir.1978), cert. denied, 440 U.S. 945, 99 S.Ct. 1422, 59 L.Ed.2d 634 (1979). The rationale for this rule is “to enable the government to present to the jury a c…
  • United States v. Wayne, 903 F.2d 1188 (8th Cir. 1990)
    …engaged in an otherwise lawful search and inadvertently discover contraband or other items the incriminatory nature of which is [*1196] immediately apparent.” United States v. Ellison, 793 F. 2d 942, 948 (8th Cir.) (citation omitted), cert. denied, 479 U.S. 937, 107 S.Ct. 415, 93 L.Ed.2d 366 (1986). Wayne concedes that the initial intrusion was lawful but maintains that there was no showing that the discovery was inadvertent or that the incriminatory nature immediately apparent. The inadvertent discovery…
  • Stano v. Dugger, 921 F.2d 1125 (11th Cir. 1991)
    …n to plead guilty is one that must be made by the defendant, and is not one in which an attorney may speak for his client without consultation. Johnson v. Duckworth, 793 F. 2d 898, 900 (7th Cir.) (citations omitted) (emphasis added), cert. denied, 479 U.S. 937, 107 S.Ct. 416, 93 L.Ed.2d 367 (1986); see Faretta, 422 U.S. at 820-21, 95 S.Ct. at 2534 (The allocation of decisionmaking power must be with the defendant’s consent.). .This court has spoken clearly regarding the less than prudent, but nevertheles…

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