Legal Opinion

United States v. Phillip Kent Palmer, Joseph Philip Silverman, Ernest Smith, Freddie Daniel Milton, Edward Earl Dillingham and Wayne Franklin Dean

Court of Appeals for the Fifth Circuit

Decided August 30, 1976No. 73-1717PublishedCited by 56 opinions

1Opinion of the Court

GEE, Circuit Judge:

Our earlier decision in United States v. Palmer, 502 F.2d 1233 (5th Cir. 1974), in which we rejected appellant Dillingham’s sixth-amendment speedy trial claim stemming from his arrest, indictment, and conviction for his role in an interstate car theft ring, was reversed by the Supreme Court in Dillingham v. United States, 423 U.S. 64, 96 S.Ct. 303, 46 L.Ed.2d 205 (1975) (per curiam), because we used different standards to evaluate pre- and post-indictment delays when we should have used the ad hoc approach required by Barker v. Wingo, 407 U.S. 514, 530-33, 92 S.Ct. 2182, 33…

2Cases cited3 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Dillingham v. United StatesSupreme Court of the United States · 1975
  3. United States v. Phillip Kent Palmer, Joseph Philip Silverman, Ernest Smith, Freddie Daniel Milton, Edward Earl Dillingham and Wayne Franklin DeanCourt of Appeals for the Fifth Circuit · 1974

3Cited by56 opinions

  1. Cantu v. StateCourt of Criminal Appeals of Texas · 2008
  2. United States v. Jose Avalos and Rudolfo CastrillonCourt of Appeals for the Fifth Circuit · 1976
  3. Gonzales v. StateCourt of Criminal Appeals of Texas · 2014
  4. Joseph Avery Robinson v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. William Netterville, Gerald L. Thatcher, Robert Douglas Watkins, and Donald Byrd ChambersCourt of Appeals for the Fifth Circuit · 1977

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