green
Positive treatment
5.6 score
Top citers, strongest first. 4 distinct citers.
discussed
Cited as authority (rule)
Evangelou v. District of Columbia
The defendants raise two additional arguments for the first time in their reply brief: that the right against self-incrimination can only be invoked in the course of a “proceeding," which the internal affairs investigation supposedly was not, and that Mr. Evangelou could be fired for asserting his Fifth Amendment rights if he asserted them improperly as "a general excuse for refusing to appear” and not “in connection with precise questions.” Landy v. United States, 283 F.2d 303, 304 (5th Cir.1960) (per curiam).
discussed
Cited as authority (rule)
United States of America and Carl Rosen, Revenue Agent of the Internal Revenue Service v. Alvin I. Malnik
See United States v. Ellsworth, supra, 460 F.2d at 1248 ; United States v. Bell, 448 F.2d 40, 42 (9th Cir., 1971); Daly v. United States, 393 F.2d 873, 877-878 (8th Cir., 1968); United States v. Terry, 362 F.2d 914, 917 (6th Cir., 1966); United States v. Harmon, 339 F.2d 354, 359 (6th Cir., 1964), cert. den. 380 U.S. 944 , 85 S.Ct. 1025 , 13 L.Ed.2d 963 ; In re Turner, 309 F.2d 69, 71 (2nd Cir., 1962); Landy v. United States, 283 F.2d 303, 304 (5th Cir., 1960); United States v. Solon, 294 F.Supp. 880, 882 (E.D.N.Y., 1968), aff’d 405 F.2d 1211 , 1212 (2nd Cir., 1968).
discussed
Cited "see"
Sinclair v. Savings & Loan Commissioner of Texas
(2×)
United States v. Davis, 636 F.2d 1028, 1038 (5th Cir.1981), cert. denied, 454 U.S. 862 , 102 S.Ct. 320 , 70 L.Ed.2d 162 (1981); see Landy v. United States, 283 F.2d 303, 304 (5th Cir.1960), cert. denied, 365 U.S. 845 , 81 S.Ct. 805 , 5 L.Ed.2d 810 (1961), quoted with approval in Meyer v. Tunks, 360 S.W.2d 518, 523 (Tex.1962).
discussed
Cited "see"
United States v. Benjamin Seewald, Contemnor-Appellant
(2×)
See Landy v. United States, 283 F.2d 303 (5th Cir. 1960), cert, denied, 365 U.S. 845 , 81 S.Ct. 805 , 5 L.Ed.2d 810 (1961).
William FRENCH, Appellant,
v.
J. L. DOWNIE, Superintendent, (Warden) Montgomery Prison Branch, and the People of the State of Georgia, Appellees
v.
J. L. DOWNIE, Superintendent, (Warden) Montgomery Prison Branch, and the People of the State of Georgia, Appellees
18348_1.
Court of Appeals for the Fifth Circuit.
Dec 7, 1960.
283 F.2d 303
Noah Y. Shelley, Macon, Ga., for appellant., Julian Eugene Cook, Atty. Gen., for appellees.
Jones, Hooper, Johnson.
Cited by 1 opinion | Published
PER CURIAM.
The appellant, held in custody pursuant to a criminal conviction in a Georgia State Court, filed a petition for habeas corpus in the District Court for the Southern District of Georgia. The district court entered an order dismissing the petition on the ground that the petitioner had not exhausted the remedies available in the courts of the State of Georgia. The action of the district court is sustained by the record. 28 U.S.C.A. § 2254, House v. Mayo, 324 U.S. 42, 65 S.Ct. 517, 89 L.Ed. 739, rehearing denied 324 U.S. 886, 65 S.Ct. 689, 89 L.Ed. 1439; Porch v. Cagle, 5 Cir., 1952, 199 F.2d 865. The judgment of the district court is
Affirmed.