Legal Opinion
United States ex rel. Staino v. Brierly
Court of Appeals for the Third Circuit
Decided December 29, 1967No. 16763PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
HASTIE, Circuit Judge.
On this appeal by the Commonwealth of Pennsylvania from an order of a district court granting habeas corpus to Ralph Staino, a state prisoner serving a term for burglary and larceny, we consider whether the procedures, including the use of a so-called “tacit admission”, employed by the state in obtaining the conviction deprived Staino of his liberty without due process of law.
The crime charged was a burglary in Pottsville, Schuylkill County, Pennsylvania. Staino lived and worked in Philadelphia. By prearrangement of the police, Staino was arrested…
2Cases cited5 opinions
- Malloy v. HoganSupreme Court of the United States · 1964
- Commonwealth v. STAINOSuperior Court of Pennsylvania · 1964
- Commonwealth Ex Rel. Staino v. CavellSuperior Court of Pennsylvania · 1966
- United States ex rel. Smith v. BrierlyCourt of Appeals for the Third Circuit · 1967
- Commonwealth ex rel. Staino v. CavellSupreme Court of Pennsylvania · 1967
3Cited by13 opinions
- Commonwealth ex rel. Berkery v. MyersSupreme Court of Pennsylvania · 1968
- Commonwealth v. StevensSupreme Court of Pennsylvania · 1968
- Commonwealth v. FlynnSuperior Court of Pennsylvania · 1977
- United States v. Francis Jerome Winters, A/K/A Francis Jerome WaddellCourt of Appeals for the Third Circuit · 1970
- United States of America Ex Rel. Bernard Cheeks, H-4596 v. Harry Russell, Warden of S. C. I. HCourt of Appeals for the Third Circuit · 1970
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