Legal Opinion

United States v. Toomey

District Court, S.D. New York

Decided December 17, 1975No. 75 Cr. 953-S. 75 Cr. 1114PublishedCited by 3 opinions

1Opinion of the Court

ROBERT L. CARTER, District Judge.

OPINION

The defendant was indicted on September 30, 1975, on five counts charging illegal possession, transfer and interstate transportation of an unregistered jinachine gun and a revolver (75 Cr. 973). On November 18, 1975, a new indictment (75 Cr. 1114) more accurately describing the machine gun was handed down superseding the initial indictment. The defendant, despite having had his rights to counsel explained to him and being warned of the grave risks involved in a pro se defense, persisted in his refusal to have counsel. At trial both sides waived a jury,…

2Cases cited22 opinions

  1. Sherman v. United StatesSupreme Court of the United States · 1958
  2. Lambert v. CaliforniaSupreme Court of the United States · 1958
  3. United States v. FreedSupreme Court of the United States · 1971
  4. United States v. JohnsonSupreme Court of the United States · 1944
  5. United States v. ShermanCourt of Appeals for the Second Circuit · 1952

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3Cited by3 opinions

  1. United States v. Joseph Spriggs, IIICourt of Appeals for the D.C. Circuit · 1997
  2. United States v. Delgado-NunezCourt of Appeals for the Fifth Circuit · 2002
  3. United States v. Delgado-NunezCourt of Appeals for the Fifth Circuit · 2002

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