CABALIK

v.

BELL, RECEIVER

Citator

Cited By

• Harris v. Ciccone, 417 F.2d 479 (8th Cir. 1969)
  …roceedings. Smith v. McNamara, 395 F. 2d 896, 900 (10 Cir. 1968), cert. denied, 394 U.S. 934, 89 S.Ct. 1211, 22 L.Ed.2d 466; Altmayer v. Sanford, 148 F. 2d 161, 162 (5 Cir. 1945); Romero v. Squier, 133 F. 2d 528, 531-532 (9 Cir. 1943), cert. denied, 318 U.S. 785, 63 S.Ct. 982, 87 L.Ed. 1152; Smith v. Hiatt, 170 F. 2d 61, 64 (3 Cir. 1948), rev’d on other grounds, 336 U.S. 695, 69 S.Ct. 830, 93 L.Ed. 1073. 5. One must recognize that with the advent of the Uniform Code of Military Justice in 1950-51,4 and its…
• Rushing v. Wilkinson, 272 F.2d 633 (5th Cir. 1959)
  …not say that the district court was clearly erroneous 3 4in holding that appellant was furnished “adequate and competent counsel”. See Altmayer v. Sanford, 5 Cir., 1945, 148 F. 2d 161; Romero v. Squier, 9 Cir., 1944, 133 F. 2d 528, certiorari denied 318 U.S. 785, 63 S.Ct. 982, 87 L.Ed. 1152.4 II. The appellant contends that the instructions of the law member in open court were so inadequate as to fail to meet the requirements of due process. In particular, the appellant argues that there was no definition…
• Altmayer v. Sanford, 148 F.2d 161 (5th Cir. 1945)
  …ng constitutional rights. The appointed counsel, being a commissioned officer admitted to practice before courts-martial, was a competent attorney within the purview of the Sixth Amendment. Romero v. Squier, 9 Cir., 133 F. 2d 528, certiorari denied, 318 U.S. 785, 63 S.Ct. 982, 87 L.Ed. 1152. We are given no reason, and know of none, why the presence of the commanding officer of the witness was error; but if it was, it did not affect the jurisdiction of the court and may not be noticed in a habeas corpus pro…