Opinion

James W. Harlow, Charles E. Wilson and Thomas F. Addy v. United States

  • 301 F.2d 361
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 30, 1962
Status
Published
Author
Rives
On the bench
Tuttle, Rives, Wisdom
Cited by
105 cases
Authority
More cited than 24.7%

Overruled by Moses K. Murray v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 450 F.2d 465 (1971)

holding that “territory governed by the United States is not a ‘district’ under Section 3238 unless the court having jurisdiction over that territory is invested with the same power as ordinary district courts to try offenses made such by law of Congress”

How later courts described this case

  • holding that “territory governed by the United States is not a ‘district’ under Section 3238 unless the court having jurisdiction over that territory is invested with the same power as ordinary district courts to try offenses made such by law of Congress”

Written by the judges who cited it.

Later courts went against this

  • Overruled by Moses K. Murray v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 450 F.2d 465 (1971)

    Harlow v. United States, 5 Cir., 1962, 301 F.2d 361, overruled in Murray v. Wainwright, 5 Cir., 1971, 450 F.2d 465.
    Court of Appeals for the Fifth CircuitOct 28, 1971medium confidenceRead it

The opinion

RIVES, Circuit Judge

(concurring specially).

I concur in the result, but differ from one part of the opinion which seems to me not necessary for the result. The statement in the opinion that the right to a speedy trial guaranteed by the Sixth Amendment does not arise until after a prosecution is instituted against the accused is supported by several opinions of Courts of Appeals. See Foley v. United States, 8 Cir., 1961, 290 F.2d 562, 565 , and cases there cited. It does not seem to me, however, that that proposition is “well established” in the absence of a controlling decision of the Supreme Court; and, with deference, I am not convinced that it is sound. I forego expressing reasons for my doubts because I am satisfied that, under the facts of this case, there was no unnecessary and unreasonable delay at any stage, either before the prosecution was instituted or afterward. In all other respects, I am in full accord with the comprehensive and able opinion. I therefore concur specially.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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