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John Raymond Malone v. United States

John Raymond MALONE, Appellant, v. UNITED STATES of America, Appellee

Malone v. United States, 257 F.2d 177 (6th Cir. 1958)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
June 18, 1958
Docket
No. 13349_1
Judges
Martin, Miller, Per Curiam, Stewart
Citations
257 F.2d 1771958 U.S. App. LEXIS 4464

Opinion — Per Curiam

PER CURIAM.

Appellant was tried by jury on an indictment alleging bank robbery in violation of Section 2113(a) (d), Title 18 U. S. Code, found guilty and sentenced to a term of 20 years. On appeal, the judgment was affirmed by this Court. Malone v. United States, 6 Cir., 238 F.2d 851 .

Thereafter, he moved in the District Court under the provisions of Section 2255, Title 28 U. S. Code, that the judgment be vacated. He contends that the judgment is void because federal agents participated with state police “in forcing and framing a preliminary identification by witnesses” and because he was not adequately represented by counsel. The District Judge denied the motion.

In affirming the judgment on the prior appeal we stated that appellant was represented by counsel of his own choice, the identification was by eyewitnesses, was direct and positive, and *178 the trial was fair. The issues disposed of in that appeal will not be again reviewed in this proceeding.

Alleged inadmissibility of evidence and alleged incompetency of counsel of one’s own choosing are not questions subject to review through proceedings under Section 2255, Title 28 U. S. Code, except possibly in extreme cases, of which this is not one. Ford v. United States, 6 Cir., 234 F.2d 835 ; Anderson v. Bannan, 6 Cir., 250 F.2d 654 .

It is ordered that the judgment of the District Court be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 11961: 11962: 21963: 11964: 11965: 11970: 119592026peak 1962 · 2

Relies on it most ⓘ

  1. Travis O. Spaulding v. J.C. Taylor, Warden, U.S. Penitentiary336 F.2d 192 (10th Cir. 1964)
  2. Alphonse Warren v. United States311 F.2d 673 (8th Cir. 1963)
  3. Willis Smith v. United States265 F.2d 14 (5th Cir. 1959)
  4. John Raymond Malone v. United States299 F.2d 254 (6th Cir. 1962)
  5. Tom Don Franano v. United States303 F.2d 470 (8th Cir. 1962)
  6. Miller v. State475 P.2d 462 (N.M. Ct. App. 1970)

Most recent

  1. Miller v. State475 P.2d 462 (N.M. Ct. App. 1970)
  2. John Raymond Vanbuskirk v. United States343 F.2d 158 (6th Cir. 1965)
  3. Travis O. Spaulding v. J.C. Taylor, Warden, U.S. Penitentiary336 F.2d 192 (10th Cir. 1964)
  4. Alphonse Warren v. United States311 F.2d 673 (8th Cir. 1963)
  5. Tom Don Franano v. United States303 F.2d 470 (8th Cir. 1962)
  6. John Raymond Malone v. United States299 F.2d 254 (6th Cir. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Malone v. United States, 238 F.2d 851 (6th Cir. 1956) 18
Anderson v. Bannan, 250 F.2d 654 (6th Cir. 1958) 16
Ford v. United States, 234 F.2d 835 (6th Cir. 1956) 13

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