Legal Opinion

United States v. James W. Counts and Zedrick Elam

Court of Appeals for the Second Circuit

Decided April 16, 1973No. 299, Docket 72-1795PublishedCited by 25 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This appeal raises the following questions :

1. Did pretrial identifications of the defendants violate their rights to due process under the fifth amendment and to counsel under the sixth amendment?

2. Was the admission of evidence relating to two spent bullets in a gun recovered in defendant Counts’ apartment “plain error”?

3. Was a state warrant to search the apartment defective on its face?

4. Was defendant Counts denied his right to a speedy trial ?

Answering each question in the negative, we affirm the judgment below, convicting appellants of robbing a .38 Colt revolver…

2Cases cited23 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Simmons v. United StatesSupreme Court of the United States · 1968

18 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Carmine TramuntiCourt of Appeals for the Second Circuit · 1975
  2. United States v. Al TaylorCourt of Appeals for the Second Circuit · 1977
  3. UNITED STATES of America, Appellee, v. Thomas DUVALL and Henry Jones, Defendants-AppellantsCourt of Appeals for the Second Circuit · 1976
  4. United States v. Gabriel Infanti and Nathan KurtzCourt of Appeals for the Second Circuit · 1973
  5. United States of America Ex Rel. Manuel Gonzalez, Relator-Appellee v. John Zelker, Warden, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1973

20 more not listed; retrieve them via the Exa API.

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