TaiLexi AI U.S. Case Law

Roy Levi Boone v. United States

Roy Levi BOONE, Appellant, v. UNITED STATES of America, Appellee

Boone v. United States, 280 F.2d 911 (6th Cir. 1960)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
June 3, 1960
Docket
No. 13965_1
Judges
Martin, O'Sullivan, Per Curiam, Weick
Citations
280 F.2d 9111960 U.S. App. LEXIS 4394

Opinion — Per Curiam

PER CURIAM.

This case came on to be heard, appellant being represented by counsel appointed by the court, and an Assistant United States Attorney appearing for the United States.

The charge that appellant was not represented adequately by his self-chosen attorney is not supported: on the contrary, it appears from the order and memorandum opinion of United States District Judge Shelbourne, 185 F.Supp. 411 , that the petitioner’s self-chosen counsel “rendered effective service.”

On the other point argued by the appellant, that he did not have a preliminary hearing before the United States Commissioner, there is no necessity for such hearing after a grand jury has returned an indictment, as was the ease here. As was said by Judge Parker in Barber v. United States, 4 Cir., 142 F.2d 805 , 807: “The only purpose of a preliminary hearing is to determine whether there is sufficient evidence against an accused to warrant his being held for action by a grand jury; and, after a bill of indictment has been found, there is no occasion for such hearing.” Cf. Garrison v. Johnston, 9 Cir., 104 F.2d 128 ; James et al. v. Lawrence, 84 U.S.App.D.C. 355 , 176 F.2d 18 .

The order of the district court is affirmed. . . .

How later courts describe this case

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

Cited by 17 cases

View all citing references →
1961: 21963: 11964: 21965: 31966: 31967: 21968: 21971: 11975: 119612026peak 1965 · 3

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 4

DepthCaseCited by
James v. Lawrence, 176 F.2d 18 (D.C. Cir. 1949) 17
Barber v. United States, 142 F.2d 805 (4th Cir. 1944) 49
Garrison v. Johnston, 104 F.2d 128 (9th Cir. 1939) 25
Boone v. United States, 185 F. Supp. 411 (W.D. Ky. 1959) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list