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UNITED STATES v. SALOVITZ

No. 443, Docket 82-1240.

701 F.2d 17 (1983)

UNITED STATES of America, Appellee, v. Edwin R. SALOVITZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 16, 1983.

Attorney(s) appearing for the Case

Richard A. Reeve, Asst. Federal Public Defender, New Haven, Conn. (Thomas G. Dennis, Federal Public Defender for the D. Conn., New Haven, Conn., on brief), for appellant.

Kurt F. Zimmermann, Asst. U.S. Atty., New Haven, Conn. (Alan H. Nevas, U.S. Atty., and Michael Hartmere, Asst. U.S. Atty., New Haven, Conn., on brief), for appellee.

Before TIMBERS, VAN GRAAFEILAND and PRATT, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Rule 12(e) of the Rules of Civil Procedure of the United States District Court for the District of Connecticut, incorporated by reference into that District's Rules of Criminal Procedure, provides that opening statements by counsel are not allowed except on application to the presiding judge. Appellant challenges the validity of this Rule on the ground that a criminal defendant has a constitutional right to have his attorney make an...

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