LAUREL

v.

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Citator

Cited By

• Ford v. Wainwright, 415 So. 2d 76 (Fla. 1st DCA 1982)
  …conducting a new trial, we find that a showing of ineffective assistance of counsel that results in denial of one’s right to appeal, mandates the granting of a belated appeal. Perez v. Wainwright, 594 F. 2d 159 (5th Cir. 1979), vacated and remanded, 447 U.S. 932, 100 S.Ct. 3032, 65 L.Ed.2d 1127 (1980), on remand, 627 F. 2d 762 (5th Cir. 1980), on rehearing, 640 F. 2d 596, 598 (5th Cir. 1981) (holding that when a lawyer, be he privately retained or court appointed, does not perform his promise to his client…
• United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985)
  …vert acts specified in the indictment. United States v. Ruiz-Altschiller, 694 F. 2d 1104, 1109 (8th Cir.1982), cert. denied, 103 U.S. 3117, 77 L.Ed.2d 1371 (1983); United States v. Sellers, 603 F. 2d 53, 56 (8th Cir. 1979), vacated on other grounds, 447 U.S. 932, 100 S.Ct. 3033, 65 L.Ed.2d 1127 (1980), nor must the government prove every overt act alleged. Id. Where the indictment fairly specifies the offense charged and notifies the defendant of the particulars, the defendant has knowledge that other overt…
• United States v. Morales, 677 F.2d 1 (1st Cir. 1982)
  …y succeed in its conspiracy case by proving overt acts not mentioned in the indictment. See, e.g., Napolitano v. United States, 340 F. 2d 313, 314 (1st Cir. 1965); United States v. Sellers, 603 F. 2d 53, 56 (8th Cir. 1979), vacated on other grounds, 447 U.S. 932, 100 S.Ct. 3033, 65 L.Ed.2d 1127 (1980); United States v. Armone, 363 F. 2d 385, 400-01 (2d Cir.), cert. denied, 385 U.S. 957, 87 S.Ct. 391, 17 L.Ed.2d 303 (1966). This is, indeed, the government’s sole argument. But where the judge in his instruc…