Opinion

United States v. Oscar E. Hyde

  • 448 F.2d 815
  • 1971 U.S. App. LEXIS 9354
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 23, 1971
Status
Published
On the bench
Rives, Gewin, Coleman, Godbold, Wisdom, Clark
Cited by
142 cases

“The distinction from bribery is therefore . . . the fear and lack of voluntariness on the part of the victim”

How later courts described this case

  • “The distinction from bribery is therefore . . . the fear and lack of voluntariness on the part of the victim”
  • “[Wjhen there has been publicity that would possibly prejudice the defendant’s case if it reached the jurors, the court should first ask the jurors what information they have received. Then it should ask about the prejudicial effect and it should make an independent determination whether the juror’s impartiality was destroyed.”
  • "[W]hen there has been publicity that would possibly prejudice the defendant's case if it reached the jurors, the court should first ask the jurors what information they have received. Then it should ask about the prejudicial effect and it should make an independent determination whether the juror's impartiality was destroyed."
  • “The fact that relations between the victims and the extorters were often cor- dial is not inconsistent with extortion. Knowing that they were at the mercy of the Attorney General’s office, it is a fair inference that the victims felt that to save their businesses they had to keep the extorters satisfied.”

Written by the judges who cited it.

The opinion

ON PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC

PER CURIAM:

The Petitions for Rehearing are denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petitions for Rehearing En Banc 1 are also denied.

RIVES, Circuit Judge, dissents from the denial of the petitions for rehearing by the panel.

. Circuit Judges Gewin, Coleman and God-bold did not participate in the consideration or action on the petition for rehearing en banc.

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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