green
Positive treatment
Quoted verbatim 1×
6.7 score
“when the defense is advice of counsel, the advice given, whether correct or not, and whether recitals in it are true or not, is always admissible.”
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Victor Eisenstein, Beno Ghitis
when the defense is advice of counsel, the advice given, whether correct or not, and whether recitals in it are true or not, is always admissible.
discussed
Cited as authority (rule)
People v. Stovall
He may only attack the voluntary and intelligent character of the guilty plea by showing that the advice he received from counsel was not within the standards set forth in McMann. 411 U.S. at 267 , 98 S.Ct. at 1607-08. { 16 The same rule was announced in People v. Isham, 923 P.2d 190, 195 (Colo.App. 1995), which dealt with the right of a defendant to his or her counsel of choice.
cited
Cited "see"
Zandford v. National Ass'n of Securities Dealers, Inc.
See Doe v. McMillan, 566 F.2d 713, 720 (D.C.Cir.1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 59 (1978).
discussed
Cited "see"
United States v. Arnold Sherlock and Ronald Charley
(2×)
See United States v. McLennan, 563 F.2d 943, 948 (9th Cir.1977) (declarant must be so excited or distraught that he did not reflect on what he was saying), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978). 91 Even if the statements do not come within a hearsay exception, their admission was harmless.
discussed
Cited "see"
United States v. Arnold Sherlock and Ronald Charley
See United States v. McLennan, 563 F.2d 943, 948 (9th Cir.1977) (declarant must be so excited or distraught that he did not reflect on what he was saying), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978).
discussed
Cited "see"
United States v. Renda
See Wheat, 813 F.2d at 1403 . “ ‘Because the conflicts are often subtle it is not enough to rely upon counsel, who may not be totally disinterested.’ ” Id. (quoting United States v. Lawriw, 568 F.2d 98, 104 (8th Cir.1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978)).
cited
Cited "see"
In Re Ungar
Accord, e.g., Doe v. McMillan, 566 F.2d 713 (D.C.Cir.1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 59 (1978).
discussed
Cited "see"
United States v. Roy Edward Brannon, United States of America v. Fred George Cox, United States of America v. Henry Wilson, Jr.
(2×)
See United States v. McLennan, 563 F.2d 943, 948 (9th Cir. 1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978).
discussed
Cited "see"
Candis O. Ray, Trading as Candis O. Ray & Associates v. Senator William Proxmire
Compare Gravel v. United States, supra note 5, 408 U.S. at 625-626 , 92 S.Ct. at 2627-2628 , 33 L.Ed.2d at 602 -603 and McSurely v. McClellan, 180 U.S.App.D.C. 101, 109 , 553 F.2d 1277, 1285 (1976), cert. dismissed,-U.S.-, 98 S.Ct. 3116 , 57 L.Ed.2d 704 (1978); see Doe v. McMillan, 185 U.S.App.D.C. 48 , 566 F.2d 713 (1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 59 (1978), after remand from 412 U.S. 306 , 93 S.Ct. 2018 , 36 L.Ed.2d 912 (1973); Hutchinson v. Proxmire, 579 F.2d 1027 (7th Cir. 1978). 8 .
discussed
Cited "see, e.g."
United States v. Crystal Marie Unger
See United States v. Carrigan, 543 F.2d 1053, 1057 (2d Cir. 1976) (where no discussion of possible conflict initiated by the court, it cannot be assumed defendant intelligently made choice of counsel); United States v. Gaines, 529 F.2d 1038, 1045 (7th Cir. 1976) (defendant could not make knowing waiver “in the absence of a specific warning of the serious danger to his defense”); see also United States v. Garcia, 517 F.2d 272 , 278 (5th Cir.1975) (requiring trial courts to “address each defendant personally and forthrightly advise him of the potential dangers of representation by counsel …
discussed
Cited "see, e.g."
United States v. Lee McComas Ramsey, United States of America v. Cecil Zedrick Ramsey, United States of America v. Sharon Wray
Compare United States v. Waldman, 579 F.2d 649 (1st Cir. 1978) and United States v. Lawriw, 568 F.2d 98 (8th Cir. 1977), cert. denied, 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978) with Foxworth v. Wainwright, 516 F.2d 1072 (5th Cir. 1975).
discussed
Cited "see, e.g."
State v. Bellucci
See, e. g., United States v. Lawriw, 568 F.2d 98, 103 (8th Cir. 1977), cert. den., 435 U.S. 969 , 98 S.Ct. 1607 , 56 L.Ed.2d 60 (1978); Haggard v. Alabama, 550 F.2d 1019, 1022 (5th Cir. 1977); State v. Rogers, 110 Ariz. 582 , 521 P.2d 1128, 1130 (Sup.Ct.1974); People v. Macerola, 47 N.Y.2d 257 , 417 N.Y.S.2d 908 , 391 N.E.2d 990, 993 (Ct.App.1979).
Retrieving the full opinion text from the archive…
Ex parte Moody
No. 77-1041.
Supreme Court of the United States.
Apr 17, 1978.
Published
Citer courts: Eleventh Circuit (1)
Sup. Ct. Ala. Certiorari denied.