Legal Opinion

United States v. Jerome Atilus

Court of Appeals for the Fifth Circuit

Decided May 12, 1970No. 27957PublishedCited by 29 opinions

1Per curiam

Jerome Atilus was convicted in 1964 for illegally possessing and transporting marihuana in violation of 26 U.S. C.A. §§ 4744(a) and 4742(a). His appeal from that conviction was delayed, and as a result the propriety of this 1964 conviction is now before us for the first time on direct appeal. 1

It appears that through no fault of the defendant a transcript of the trial proceedings is no longer available. Under these circumstances this court has no choice but to reverse the conviction. The Supreme Court has made it clear beyond question that a criminal defendant has a right to a complete…

2Cases cited3 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. Hardy v. United StatesSupreme Court of the United States · 1964
  3. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969

3Cited by29 opinions

  1. United States v. PaceCourt of Appeals for the Fifth Circuit · 1993
  2. United States v. Henry SelvaCourt of Appeals for the Fifth Circuit · 1977
  3. State v. FordSupreme Court of Louisiana · 1976
  4. United States v. Eddie UpshawCourt of Appeals for the Fifth Circuit · 1971
  5. State v. LandrySupreme Court of Louisiana · 1999

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