SCHUMACHER

v.

GAYNOR, EXECUTOR, ET AL.

Citator

Cited By

• Powell v. Detective Sylvester Jarvis and Mary Gamble, 460 F.2d 551 (2d Cir. 1972)
  …ations of perjury find no support in the record. Presumably he offered whatever proof of perjury he had at his trial. He does not now allege that there is newly-discovered evidence. See Blackmon v. Wagener, 253 F. 2d 10, 11 (6th Cir.), cert. denied, 357 U.S. 941, 78 S.Ct. 1390, 2 L.Ed.2d 1554 (1958). Powell’s allegations against Jarvis of “assault” and “abduction” are much too vague and unparticularized to state a constitutional claim. Although Powell is apparently referring to his arrest and detention he…
• Huerta v. United States, 322 F.2d 1 (9th Cir. 1963)
  …from Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392, 40 S.Ct. 182, 64 L.Ed. 319 (1920). See also, Nardone v. United States, 308 U.S. 338, 60 S.Ct. 266, 84 L.Ed. 307 (1939); Ramirez v. Lozoya, 253 F. 2d 85 (9th Cir. 1958), cert. denied, 357 U.S. 941, 78 S.Ct. 1391, 2 L.Ed.2d 1554 (1958). In the case at bar neither appellant’s statement nor evidence derived from his statement was before the jury. The prosecution’s case consisted entirely of the testimony of federal and state narcotics agents reg…
• Hernandez v. United States, 352 F.2d 240 (9th Cir. 1965)
  …he occasion of his arrest Hernandez was not properly advised of his constitutional rights. Perhaps so, but the government’s case did not include any post detention admissions or confessions. Cf. Ramirez v. Lozoya, 9 Cir., 253 F. 2d 85, cert. denied, 357 U.S. 941, 78 S.Ct. 1391, 2 L.Ed.2d 1554. There was no error in the failure to recess the trial to get three witnesses. There was no surprise during the trial requiring such a course. We cannot agree that there was any misconduct on the part of the trial…