United States v. Sutton

Sixth Circuit Court of Appeals

Nov. 7, 1979.

Sixth Circuit Court of Appeals

10 counsel of record

Relies on Jackson v. Virginia · Blockburger v. United States · Kotteakos v. United States

Good law ✅— No negative treatment on recordhow we know

How this case has been cited

Cited by 100 later decisions (1 by the Supreme Court) — most recently August 2016 · most notably United States v. Turkette (1981), United States v. Pungitore (1990)

71 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ORDER

¶1

A majority of the judges of this Court in regular service have voted for rehearing of these cases en banc. Sixth Circuit Rule 14 provides as follows:

¶2

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket as a pending appeal.

¶3

Accordingly, it is ORDERED that the previous decision and judgment of this court, 605 F.2d 260, is vacated, the mandate is stayed and these cases are restored to the docket as pending appeals.

¶4

The Clerk will direct the parties to file supplemental briefs and the cases will be scheduled during the February, 1980 session.

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Court

Sixth Circuit Court of Appeals

Parties

appellee:UNITED STATES of America
appellant:Carl SUTTON, Jr., et al

Counsel

Eugene D. Smith, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5134.

James C. Cissell, U. S. Atty., Terry W. Lehmann, Asst. U. S. Atty., Cincinnati, Ohio (David B. Smith, Atty., U. S. Dept, of Justice, Washington, D. C., of counsel), for plaintiff-appellee in all cases.

James R. Willis, Willis, Whitehead, Character, Adrine, Childs, Blackwell & Davison, Cleveland, Ohio, for defendants-appellants in Nos. 78-5135 and 78-5136.

John Carson, Cleveland, Ohio, for defendant-appellant in No. 78-5136.

Philip L. Pleska, Lebanon, Ohio (Court-appointed), for defendant-appellant in No. 78-5137.

James D. Ruppert, Franklin, Ohio (Court-appointed), for defendant-appellant in No. 78-5138.

Calvin W. Prem, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5139.

Andrew B. Dennison, Batavia, Ohio (Court-appointed), for defendant-appellant in No. 78-5141.

Henry E. Sheldon, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5142.

Ronald A. Lipez, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5143.