PENA

v.

UNITED STATES

Citator

Cited By (22 total)

• State v. Daniels, 389 So. 2d 631 (Fla. 1980)
  …tant state attorneys in the class of officials who may authorize electronic surveillance applications, such inclusion would conflict with the federal standard and would be invalid. See State v. Farha, 218 Kan. 394, 544 P. 2d 341 (1975) cert. denied, 426 U.S. 949, 96 S.Ct. 3170, 49 L.Ed.2d 1186 (1976). This is not to say that the legislature may not authorize state attorneys to delegate their authority to an assistant state attorney so long as such provision for delegation is narrowly confined to ensure cen…
• Daniels v. State, 381 So. 2d 707 (Fla. 1st DCA 1979)
  …of wire or oral communications. There are surprisingly few cases, nationwide, which have considered the point. The leading case appears to be State v. Farha, 218 Kan. 394, 544 P. 2d 341 (1975), cert. den. by the Supreme Court of the United States, 426 U.S. 949, 96 S.Ct. 3170, 49 L.Ed.2d 1186, wherein the Supreme Court of Kansas, in an exhaustive opinion, discussed the history of the federal statute and finally concluded that applications made by an assistant attorney general of the Kansas Attorney General…
• United States v. Houshang Sheikh, 654 F.2d 1057 (5th Cir. 1981)
  …United States v. Klein, supra, 560 F. 2d at 1242; United States v. Pruett, 551 F. 2d 1365, 1369 (5th Cir. 1977); United States v. Lance, 536 F. 2d 1065, 1068 (5th Cir. 1976); United States v. Pena, 527 F. 2d 1356, 1365 (5th Cir. 1976), cert. denied 426 U.S. 949, 96 S.Ct. 3168, 49 L.Ed.2d 1185 (1976); United States v. Goodwin, 492 F. 2d 1141, 1144-45 (5th Cir. 1974). In the instant case, with the acquittal of Sheikh’s two codefendants, the conspiracy conviction can only be upheld if there is sufficient ev…