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· 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 CourtListener

Sourced 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.