Ochoa v. United States

4 Citing cases

  1. United States v. Gonzales

    606 F.2d 70 (5th Cir. 1979)   Cited 69 times
    Noting "mere conjecture or supposition about the possible relevancy of informant's testimony is insufficient to warrant disclosure"

    Moreover, Reina's testimony was invited by appellants' own attorney on cross-examination, and such testimony therefore does not constitute reversible error. United States v. Pentado, 5 Cir., 463 F.2d 355, 362, cert. denied sub nom. Ochoa v. United States, 409 U.S. 1079, 93 S.Ct. 698, 34 L.Ed.2d 668 (1972), and Noa v. United States, 410 U.S. 909, 93 S.Ct. 963, 35 L.Ed.2d 271 (1973). See United States v. Delk, 5 Cir., 1978, 586 F.2d 513, 516; United States v. Cook, 5 Cir., 1978, 586 F.2d 572, 578; United States v. Lewis, 5 Cir., 1975, 524 F.2d 991, 992.

  2. Elrod v. United States

    503 F.2d 959 (5th Cir. 1974)   Cited 4 times

    Our examination of the transcript of the proceedings at which Elrod pled guilty has caused us to agree with the district court that Rule 11 as it then existed was adequately complied with. See Ochoa v. United States, 5 Cir., 1972, 469 F.2d 86. Appellant's contention that Counts II and III of the information fail to state an offense is based in part on his assumption that they are to be read separately from Count I. Counts II and III, however, incorporate the appropriate allegations of Count I concerning date and venue which render them entirely valid in those respects.

  3. McCutcheon v. Estelle

    483 F.2d 256 (5th Cir. 1973)

    McCutcheon pled guilty to that count. As this Court held in Ochoa v. United States, 5 Cir. 1972, 469 F.2d 86, a plea of guilty does not raise the problem of the unconstitutional presumption because a guilty plea is obtained without the aid of the impermissible presumption. Accord, Yohey v. United States, 5 Cir. 1970, 429 F.2d 1279.

  4. Rodriquez v. State

    495 S.W.2d 952 (Tex. Crim. App. 1973)   Cited 5 times

    Therefore, Leary, supra, is patently inapplicable. Mejia v. United States, supra; Ochoa v. United States, 5 Cir., 469 F.2d 86. The appellant's guilty plea under these circumstances must be distinguished from those in cases such as Ex parte Taylor, Tex.Cr.App., 484 S.W.2d 748, and United States v. Liguori, 2 Cir., 430 F.2d 842, wherein a defendant's timely assertion of the Fifth Amendment right against self-incrimination would have been a complete bar to prosecution under 26 U.S.C. ยง 4744(a).