Legal Opinion
United States v. James Dock Mitchell
Court of Appeals for the Eighth Circuit
Decided April 14, 1970No. 19798PublishedCited by 27 opinions
1Opinion of the Court
BLACKMUN, Circuit Judge.
This appeal by the United States, taken under the eighth paragraph 1 of 18 U.S.C. § 3731, presents us with the question of the continuing vitality of Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959), in the face of the Supreme Court’s later decisions in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969).
The facts, naturally, are important. They are not in any real dispute.
The defendant James Dock Mitchell on May 14, 1969, was charged in a…
2Cases cited30 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- Carroll v. United StatesSupreme Court of the United States · 1925
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
25 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. Jesse Vance MehcizCourt of Appeals for the Ninth Circuit · 1971
- United States v. LongCourt of Appeals for the Eighth Circuit · 1971
- United States v. James MarihartCourt of Appeals for the Eighth Circuit · 1972
- United States v. Robert ButtonCourt of Appeals for the Eighth Circuit · 1981
- United States v. Howard Elliott BerkusCourt of Appeals for the Eighth Circuit · 1970
22 more not listed; retrieve them via the Exa API.