Legal Opinion

United States v. Fred Fernandez

Court of Appeals for the Second Circuit

Decided May 23, 1973No. 725, Docket 72-2299PublishedCited by 78 opinions

1Opinion of the Court

FRIENDLY, Chief Judge:

Fred Fernandez has been tried before three juries in the District Court for the Eastern District of New York for the armed robbery of the First Federal Savings & Loan Association on the afternoon of December 24, 1970. At all three trials the Government’s case rested almost entirely on identification testimo ny, there being no other significant evidence to connect Fernandez with the crime. At the first trial, before Judge Bruchhausen, the jury disagreed. On the second trial, before Judge Costantino, there was a guilty verdict, but we reversed the conviction because of…

2Cases cited45 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Simmons v. United StatesSupreme Court of the United States · 1968
  4. Roviaro v. United StatesSupreme Court of the United States · 1957
  5. Williams v. FloridaSupreme Court of the United States · 1970

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3Cited by78 opinions

  1. United States v. Milan Bagaric, Mile Markich, Ante Ljubas, Vinko Logarusic, Ranko Primorac, and Drago SudarCourt of Appeals for the Second Circuit · 1983
  2. United States v. Nancy Reed and Morris Goldsmith, A/K/A "Marlowe,"Court of Appeals for the Second Circuit · 1978
  3. United States v. TestCourt of Appeals for the Tenth Circuit · 1976
  4. United States v. Richard Albert JenkinsCourt of Appeals for the Second Circuit · 1974
  5. United States v. Benjamin MallahCourt of Appeals for the Second Circuit · 1974

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