Opinion

United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne Whitmore

  • 576 F.2d 1121
  • 3 Fed. R. Serv. 815
  • 1978 U.S. App. LEXIS 10027
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 20, 1978
Status
Published
On the bench
Tuttle, Clark, Edenfield
Cited by
54 cases

Modified by United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne Whitmore, 590 F.2d 575 (1979)

messages sent by one FBI agent to another that extortioners' call had begun and ceased were not hearsay when only used to demonstrate that messages received were in fact sent by other FBI agent

How later courts described this case

  • messages sent by one FBI agent to another that extortioners' call had begun and ceased were not hearsay when only used to demonstrate that messages received were in fact sent by other FBI agent
  • modified en banc, 590 F.2d 575 (5th Cir. 1979)

Written by the judges who cited it.

The opinion

On Rehearing

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN,- CLARK, RONEY, GEE, TJO-FLAT, HILL, FAY, RUBIN, and VANCE.

By the Court:

A majority of the Judges in active service, on the Court’s own motion, having determined to have this case reheard en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

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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