Legal Opinion

United States v. Diharce-Estrada

Court of Appeals for the Fifth Circuit

Decided January 29, 1976No. 75-2642PublishedCited by 47 opinions

1Opinion of the Court

CLARK, Circuit Judge:

The trial of Martin Diharce-Estrada demonstrates that justice which is too swift may result in a denial of the right to a fair trial. The record of defendant’s 5V2 hour trial, which began after 7 in the evening and was concluded the next morning, is fraught with error. Hasty rulings combined with prosecutorial misconduct necessitate the exercise of our supervisory power over federal criminal trials to reverse the conviction.

Defendant was convicted by a jury of importation and possession with intent to distribute approximately 103 pounds of marijuana. 21 U.S.C. §§ 952(a),…

2Cases cited11 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. United States v. Roberto Gomez-Rojas, and Michael Rece SutherlinCourt of Appeals for the Fifth Circuit · 1975
  3. Carvell McMillian Mary Lynn McMillian Bobby McMillian and John William McMillian v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  4. United States v. GordyCourt of Appeals for the Fifth Circuit · 1976
  5. United States v. Simeon Jessamy CokeCourt of Appeals for the Second Circuit · 1964

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

3Cited by47 opinions

  1. State v. WrightSupreme Court of Louisiana · 1984
  2. United States v. Luis Anthony RiveraCourt of Appeals for the Tenth Circuit · 1990
  3. United States v. SalamehCourt of Appeals for the Second Circuit · 1998
  4. United States v. DelgadoCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. SalamehCourt of Appeals for the Second Circuit · 1998

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API