Legal Opinion · Dissent

United States v. Cecil Arnold Odom, A/K/A Bud Kelly

Court of Appeals for the Fourth Circuit

Decided October 31, 1989No. 88-5687Published

1DissentMurnaghan, Circuit Judge

Because I believe the majority misconstrues both the factual background of this case and applicable constitutional law, I must respectfully dissent.

A terrible crime occurred in Maryland when a witness for the government in a federal criminal case was murdered. The government established to its own satisfaction sufficient grounds for seeking and obtaining indictment of two individuals, Cecil Odom, a/k/a Bud Kelly, and Victor Finc-ham, for the crime. The cases seemed eminently ones for joinder, a conspiracy being charged and the two cases obviously having an overlap of factual material.1

However,…

2Cases cited12 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. United States v. JornSupreme Court of the United States · 1971
  3. Arizona v. WashingtonSupreme Court of the United States · 1978
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Wade v. HunterSupreme Court of the United States · 1949

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