United States v. Hammond
| Decision Date | 19 December 1969 |
| Docket Number | No. 13098.,13098. |
| Citation | 419 F.2d 166 |
| Parties | UNITED STATES of America, Appellee, v. Joseph Elmer HAMMOND, a/k/a Joe Hammond, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Roland Walker, Baltimore, Md. (Court-appointed counsel) Millard S. Rubenstein, Baltimore, Md., on brief for appellant.
Nevett Steele, Jr., Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., on brief), for appellee.
Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.
Joseph Elmer Hammond appeals from his conviction by a jury on a charge of criminal contempt and the resulting sentence of imprisonment. Hammond was indicted on May 21, 1968, and charged with bank robbery. The Government had attempted to have Hammond appear in a lineup, with his counsel present, on April 30 and May 9, 1968, but Hammond had refused. On June 13 the district judge signed an order requiring Hammond to participate in any lineups scheduled by the Government at reasonable times and places and "to wear any clothing or items, such as a false goatee; to speak any words; to walk in any manner; or to take any physical stance that may be required" to aid the witnesses in comparing him with persons who participated in the bank robberies. Hammond and his counsel, while appearing at an arraignment proceeding on June 19, 1968, were advised by the Government that on June 25, pursuant to the district judge's June 13 order, there would be an identification proceeding.
On the morning of specified date, June 25, 1968, FBI Special Agent Kennedy and two United States marshals went to the Baltimore City jail to present the order to Hammond. Soon after entering the jail they met Hammond in the corridor when he was on his way to another part of the building to meet with an associate of his trial attorney. A correctional officer at the jail testified that when Hammond saw the federal officers, he said, "* * * I don't want to * * * don't want to hear nothing from you, don't want to talk to you, won't listen to it. * * *" One of the marshals testified that Hammond said, "* * * I ain't going anywhere and I ain't going in lineups." Agent Kennedy testified that Hammond indicated
One of the deputy marshals then began to read the order to Hammond who turned and walked away. The officer testified that he followed Hammond for a short distance, completed reading the order aloud, and then attempted to hand it to him but Hammond refused to accept it and the order fell to the floor. Agent Kennedy then asked Hammond if this meant that he was not going to appear in the lineup, but Hammond did not reply. The officers also testified that Hammond several times mentioned the words "lawyer" or "attorney," and the correctional officer testified that Hammond remarked to him, "I thought you got me out for an attorney visit."
Hammond stated that he was on his way to visit his attorney when he encountered the officers in the passage-way and that he continued on his way when the officers tried to read and present the order to him. But, Hammond alleges that he did not actually refuse to appear in a lineup at this time and that, upon being advised shortly thereafter by his principal attorney's associate, Shapiro, he then was willing to appear in a lineup but the federal officers had departed. However, Shapiro testified that he could not recall the purpose of his visit with Hammond on that date, that he probably saw other prisoners while at the jail that morning, that he could not recall whether he had advised Hammond about appearing in a lineup, that he could not remember if Hammond told him that he was willing to appear in a lineup, that he could not remember whether he was even aware of the district judge's order of June 13 when he spoke to...
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Andrews v. State
...merit." Id. at 195. Judge Kaufman in the United States District Court for the District of Maryland signed an order in United States v. Hammond, 419 F.2d 166 (4th Cir. 1969), cert. denied, 397 U.S. 1068, 90 S.Ct. 1508, 25 L.Ed.2d 690 (1970), which required Hammond to appear in any lineup sch......
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Com. v. Cinelli
...349 F.Supp. 572, 572-573 (N.D.Ohio 1972). People v. Strauss, 174 Misc. 881, 22 N.Y.S.2d 155 (N.Y.1940). Accord United States v. Hammond, 419 F.2d 166, 168 (4th Cir.1969), cert. denied, 397 U.S. 1068, 90 S.Ct. 1508, 25 L.Ed.2d 690 (1970); Andrews v. State, 291 Md. 622, 436 A.2d 1315 (1981). ......
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United States v. Seale
...v. Bukowski, 435 F.2d 1094, 1108 (7th Cir. 1970), certiorari denied, 401 U.S. 911, 91 S.Ct. 874, 27 L.Ed.2d 809; United States v. Hammond, 419 F.2d 166, 168 (4th Cir. 1969); United States v. Tijerina, 412 F.2d 661, 666 (10th Cir.), certiorari denied, 396 U.S. 990, 90 S.Ct. 478, 24 L.Ed.2d 4......
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United States v. Di Mauro
...moot * * *." 330 U.S. at 294, 67 S.Ct. at 696. (Citations omitted.) An application of this doctrine is found in Hammond v. United States, 419 F.2d 166 (4th Cir. 1969), cert. denied, 397 U. S. 1068, 90 S.Ct. 1508, 25 L.Ed.2d 690 (1970). There the defendant had been charged with bank robbery ......