green
Positive treatment
0.6 score
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Jeffrey R. MacDonald
(2×)
But cf. Lowery v. State of Maryland, 401 F.Supp. 604, 607 (D.Md.1975), aff’d without published opinion, 532 F.2d 750 (4th Cir. 1976), cert. denied, 429 U.S. 919 , 97 S.Ct. 312 , 50 L.Ed.2d 285 (1976).
discussed
Cited "see, e.g."
Bond v. State
In United States v. Young Brothers, Inc., 728 F.2d 682, 691 (5th Cir.1984), the 5th Circuit, relying upon Thomas , again held that the “requirement [that the declarant take the stand, assert the privilege and the court recognize it] need not be met when its fulfillment would be a mere ‘formalism.’ ” In United States v. Brainard, 690 F.2d 1117 (4th Cir. 1982), cert. denied, 471 U.S. 1099 , 105 S.Ct. 2320 , 85 L.Ed.2d 839 (1985), the 4th Circuit considered a proffer by appellant’s attorney that “I will advise him and he will accept my advice to claim the privilege of the Fifth Amendm…
discussed
Cited "see, e.g."
United States v. Daniel King Brainard, United States of America v. Halton Q. Bittick, Jr.
(2×)
See also Lowery v. Maryland, 401 F.Supp. 604, 606 (D.Md.1975), aff'd, 532 F.2d 750 (4th Cir. 1976) (unpublished opinion), cert. denied, 429 U.S. 919 , 97 S.Ct. 312 , 50 L.Ed.2d 285 (1976) (where a witness' attorney has indicated that he will assert the Fifth Amendment privilege if called, and the claim of privilege would have merit, the witness is unavailable despite the absence of a formal ruling). 11 The attorney's representation that Moss would claim the privilege, and the district court's statement that the privilege would be available, suffice to constitute Moss an "unavailable witness." …
Retrieving the full opinion text from the archive…
Lowery
v.
Maryland
v.
Maryland
No. 75-6976.
Supreme Court of the United States.
Nov 1, 1976.
Cited by 1 opinion | Published
C. A. 4th Cir. Certiorari denied.