U.S. Court of Appeals for the D.C. Circuit, 1960

Clayborne Bynum v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided January 26, 1960 · Fahy, Washington, Danaher

274 F.2d 767 (Federal Reporter, Second Series)

Counsel

Mr. Henry L. Johnson, Jr., Washington, D. C., for appellant., Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

Wilson M. Smith, Jr. v. United States of America, Raymond Bowden v. United States (D.C. Cir. 1963)
Crews v. United States (D.C. 1977)
Commonwealth of Virginia v. Jermaine Antoine Coleman (Va. Ct. App. 2018)
State v. Simmons (S.C. Ct. App. 2009)
United States v. Crews (Supreme Court of the United States 1980)
Crews v. United States (D.C. 1978)
United States of America Ex Rel. Edwin Gockley v. David N. Myers, Superintendent, State Correctional Institution, Graterford, Pennsylvania (3d Cir. 1972)
Davis v. Mississippi (Supreme Court of the United States 1969)
Moss v. State (Fla. Dist. Ct. App. 1987)
State v. Ostroski (Conn. 1986)
Commonwealth v. Fredette (Mass. 1985)
State v. Aldridge (W. Va. 1983)
Douglas v. United States (D.C. 1978)
Nancy Sullivan v. C. Francis Murphy, Corporation Counsel of the District of Columbia (D.C. Cir. 1973)
United States v. Leroy Harris, Jr., United States of America v. Albert Joseph Long (8th Cir. 1972)
Roger Edward Hamrick v. Louie L. Wainwright, Director, Division of Corrections (5th Cir. 1972)
State v. Barber (N.C. 1971)
United States v. Edmons (2d Cir. 1970)
Anderson v. State (Fla. 1970)
Capparella v. Boslow (District Court, D. Maryland 1970)
United States v. Edmons (2d Cir. 1970)
Polania v. State (Fla. Dist. Ct. App. 1968)
Maynard Allen Jacobson v. United States (8th Cir. 1966)
Gentille v. State (Fla. Dist. Ct. App. 1966)
Clarence E. Copeland v. United States (D.C. Cir. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In Bynum v. United States, 104 U.S.App.D.C. 368, 262 F.2d 465, we reversed the conviction of the present appellant on an indictment for the same crime of which he now stands convicted on a new indictment, resulting in the judgment on appeal. Our reversal rested upon the use by the prosecution of a fingerprint of appellant obtained as a product of his unlawful arrest. On the trial now under review the fingerprint so obtained was not used; instead, an older fingerprint in the files of the Federal Bureau of Investigation, in no way connected with the unlawful arrest, was used for purposes of comparison. There was competent evidence from which the jury could conclude that the Government’s expert obtained a fingerprint from the scene of the crime and that both it and the fingerprint from the files of the Federal Bureau of Investigation were those of appellant.

There being no error in the respect which led to our prior decision, above referred to, or otherwise affecting substantial rights of the appellant, the judgment of conviction is accordingly

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.