Legal Opinion

United States v. Percy Dailey, Jr.

Court of Appeals for the Eighth Circuit

Decided November 10, 1975No. 75-1213PublishedCited by 27 opinions

1Opinion of the Court

ROSS, Circuit Judge.

This is a direct appeal from Percy Dailey Junior’s conviction for attempted bank robbery with a dangerous weapon in violation of 18 U.S.C. § 2113(a) and (d). We find the cumulative effects of an impermissibly suggestive pretrial photographic display and improper final argument of government counsel deprived Dailey of a fair trial, and reverse.

Shortly before 9.a.m. on January 28, 1975, in Pine Lawn, Missouri, Mr. Lindewerth, an officer of the Pine Lawn Bank and Trust Company, was transferring cash, checks and food stamps from the bank’s drive-in facility to the main bank…

2Cases cited22 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Foster v. CaliforniaSupreme Court of the United States · 1969
  5. United States v. James O. Gambrill, United States of America v. Jerry L. HunterCourt of Appeals for the D.C. Circuit · 1971

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

3Cited by27 opinions

  1. Middleton v. United StatesDistrict of Columbia Court of Appeals · 1979
  2. Patterson v. United StatesDistrict of Columbia Court of Appeals · 1978
  3. United States v. George R. Keskey, Jr.Court of Appeals for the Seventh Circuit · 1988
  4. Bobby Ray Allen v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  5. Joseph Sanchell v. William Parratt, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1976

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

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