· 12/18/1990
Larry Charbert Hayes v. Warden Hawes and Neil F. Hartigan, Attorney General for the State of Illinois
Citations
- 921 F.2d 100
- 1990 U.S. App. LEXIS 21859
- 1990 WL 205487
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \there is no Sixth Amendment right to file a pro se brief when the appellant is represented by counsel\
- noting that nothing prohibits an appellate court from considering the arguments in the pro se brief of a defendant who is represented by counsel
- holding military participation to be sufficiently passive where military agents did not arrest, search or seize evidence, but performed activities similar to those of undercover civilians making controlled purchase
- rejecting claim that counsel’s failure to raise defense based on PCA was ineffective assistance of counsel because even if a violation of PCA occurred, exclusionary rule would not apply
- courts have required military participation in civilian law enforcement to be \pervasive\ before finding violation of the Posse Comitatus Act
- NCIS agents’ conduct did not violate the PCA where the agents “merely shared information about drug activity . . . with the police department, aided the police in surveillance . . . , made the undercover buy, and signalled to the police when the transaction was completed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Cudahy, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.