Legal Opinion

Joseph Aguilar Gaitan and Dolores Marie Gaitan v. United States

Court of Appeals for the Tenth Circuit

Decided October 27, 1961No. 6647_1PublishedCited by 41 opinions

1Opinion of the Court

BRATTON, Circuit Judge.

The question presented on this appeal is whether a judgment and sentence imposed in a criminal case in the United States Court was open to attack by motion filed under 28 U.S.C. § 2255, on the ground that evidence seized in the course of an unreasonable search by state and local officers was erroneously admitted over the seasonably made objection of the accused.

The question arises in this manner. Joseph Aguilar Gaitan and Dolores Marie Gaitan, husband and wife, hereinafter referred to as petitioners, and others, were charged by indictment with violations of the…

2Cases cited22 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Elkins v. United StatesSupreme Court of the United States · 1960
  4. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  5. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897

17 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  2. United States v. CastellanoDistrict Court, S.D. New York · 1985
  3. Gaitan v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  4. In Re JacksonCalifornia Supreme Court · 1964
  5. State v. AillonSupreme Court of Connecticut · 1983

36 more not listed; retrieve them via the Exa API.

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