green
Positive treatment
Quoted verbatim 4×
10.6 score
G Cite
cited 3× by 2 distinct cases ·
"where an alien is able to exercise his free will subsequent to physical entry, he is not under official restraint"
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 36 distinct citers.
discussed
Cited as authority (quoted)
United States Court of Appeals, Third Circuit
restraint may take the form of surveillance
discussed
Cited as authority (quoted)
You Yi Yang v. Maugans
restraint may take the form of surveillance
discussed
Cited as authority (quoted)
Sing Chou Chung v. Reno
where an alien is able to exercise his free will subsequent to physical entry, he is not under official restraint
discussed
Cited as authority (quoted)
United States v. Fleet Factors Corp.
(2×)
also: Cited "see"
fleet factors ii
discussed
Cited "see"
State Of Washington, V. Kevin Wayne Houser
See State v. Swan, 114 Wn.2d 613, 654 , 790 P.2d 610 (1990) (“Since the defense at no time requested a continuance or a chance to reopen its case, it cannot now argue that ample preparation time was lacking.”), cert. denied, 498 U.S. 1046 (1991).
cited
Cited "see"
In re the Detention of McGary
See State v. Swan, 114 Wn.2d 613, 661 , 790 P.2d 610 (1990) (failure to object strongly indicates statement did not appear prejudicial when made), cert. denied, 498 U.S. 1046 (1991).
discussed
Cited "see"
State v. McCreven
See State v. Swan, 114 Wn.2d 613, 661-62 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 (1991). ¶39 Second, the codefendants assert that the prosecutor misstated the jury’s obligation to decide the “truth.” Specifically, the codefendants argue that the prosecutor sought to align herself with “truth seeking and the defense with trickery,” and misstated the jury’s fact-finding function.
discussed
Cited "see"
State v. Oscarson
(2×)
See State v. Swan, 790 P.2d 610, 620 (Wash. 1990) (en banc) (collecting cases) (accurate description by three-year-old children of fellatio, intercourse, and ejaculation demonstrated precocious sexual knowledge and is corroborative of sexual abuse), cert, denied, Swan v. Washington, 498 U.S. 1046 (1991); State v. McCafferty, 356 N.W.2d 159, 164 (S.D. 1984) (collecting cases) (“A young child is unlikely to fabricate a graphic account of sexual activity because such activity is beyond the realm of his or her experience.”). ¶ 39.
discussed
Cited "see"
Commonwealth v. Thompson
See United States v. Fleet Factors Corp., 901 F.2d 1550, 1554 (11th Cir. 1990), cert. denied, 498 U.S. 1046 (1991). 2 Further, defendants have shown no relevant departure in Massachusetts law from CERCLA to require this Court to ignore CERCLA analysis as an appropriate analog.
discussed
Cited "see"
ca8 1997
See State v. Swan, 114 Wash.2d 613 , 790 P.2d 610, 632 (1990) (en banc), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); State v. Erickson, 454 N.W.2d 624, 627-29 (Minn.App.1990) 12 When the first child witness (the nine-year-old male cousin) froze on the stand in open court, the district court, consistent with numerous Eighth Circuit cases, ruled that leading questions could be asked of reticent child witnesses.
discussed
Cited "see"
United States v. Desmond Rouse
See State v. Swan, 790 P.2d 610, 632 (Wash. 1990) (en banc), cert. denied, 498 U.S. 1046 (1991); State v. Erickson, 454 N.W.2d 624, 627-29 (Minn. App. 1990). -17- should not embellish his own research and opinions by telling the jury about the research and writings of other psychologists because these works have not produced a consistent body of scientific knowledge and therefore admission of other theories and writings would result in a battle of experts that could confuse or even mislead the jury.
discussed
Cited "see"
United States v. Desmond Rouse
(2×)
See State v. Swan, 790 P.2d 610, 632 (Wash. 1990) (en banc), cert. denied, 498 U.S. 1046 (1991); State v. Erickson, 454 N.W.2d 624, 627-29 (Minn. App. 1990).
discussed
Cited "see"
ca8 1996
See State v. Swan, 790 P.2d 610, 632 (Wash. 1990) (en banc), cert. denied, 498 U.S. 1046 (1991); State v. Erickson, 454 N.W.2d 624, 627-29 (Minn. App. 1990). 181 The district court also made a second preliminary ruling.
discussed
Cited "see"
Carlos Edgar Duarte-Montano v. Immigration and Naturalization Service
See United States v. Aguilar, 883 F.2d 662, 697 (9th Cir.1989), cert. denied, 498 U.S. 1046 (1991). 5 Duarte-Montano contends that the BIA erred by concluding that he was statutorily ineligible for voluntary departure because his prior illegal entry and criminal record precluded him from establishing good moral character during the five years preceding his request for voluntary departure.
discussed
Cited "see"
State v. MacOn
See State v. Swan, 114 Wash.2d 613 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991), and denial of habeus corpus aff'd, 6 F.3d 1373 (9th Cir.1993), cert. denied, ___ U.S. ___, 115 S.Ct. 479 , 130 L.Ed.2d 393 (1994). [8] RPIV at 36-37.
cited
Cited "see"
State v. Macon
See State v. Swan, 114 Wn.2d 613 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 (1991), and denial of habeus corpus aff’d, 6 F.3d 1373 (9th Cir. 1993), cert. denied, 115 S. Ct. 479 , 130 L.
discussed
Cited "see"
Bancamerica Commercial Corp. v. Trinity Industries, Inc.
See United States v. Fleet Factors Corp., 901 F.2d 1550, 1556 (11th Cir.1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); United States v. Maryland Bank & Trust Co., 632 F.Supp. 573, 578 (D.Md.1986).
discussed
Cited "see"
Redwing Carriers, Inc. v. Saraland Apartments, Ltd.
THE STATUTE CERCLA authorizes suit against: (1) the owner and operator of a vessel or a facility, - (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and conta…
discussed
Cited "see"
Clouser v. Espy
See United States v. Doremus, 888 F.2d 630, 633 (9th Cir.1989) (upholding Forest Service requirement that claim holders obtain permit before beginning operations on grounds that such Forest Service regulation did not “materially interfere” with mining operation), cert. denied, 498 U.S. 1046 , 111 S.Ct. 751 , 112 L.Ed.2d 772 (1991).
discussed
Cited "see"
Clouser v. Espy
See United States v. Doremus, 888 F.2d 630, 633 (9th Cir.1989) (upholding Forest Service requirement that claim holders obtain permit before beginning operations on grounds that such Forest Service regulation did not "materially interfere" with mining operation), cert. denied, 498 U.S. 1046 , 111 S.Ct. 751 , 112 L.Ed.2d 772 (1991).
discussed
Cited "see"
State v. Russell
(2×)
See State v. Swan, 114 Wn.2d 613, 661-62 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 (1991).
discussed
Cited "see"
Kemp Industries, Inc. v. Safety Light Corp.
See United States v. Fleet Factors Corp., 901 F.2d 1550, 1556 (11th Cir.1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); United States v. Maryland Bank & Trust Co., 632 F.Supp. 573, 578 (D.Md.1986); see also United States v. First City National Bank of Houston, 386 U.S. 361, 366 , 87 S.Ct. 1088, 1092 , 18 L.Ed.2d 151 (1967) (“That is the general rule where one claims the benefits of an exception to the prohibition of a statute.”).
cited
Cited "see"
United States v. Javier Vasquez-Velasco
See United States v. Aguilar, 883 F.2d 662 (9th Cir.1989), cert. denied, 498 U.S. 1046 , 111 S.Ct. 751 , 112 L.Ed.2d 771 (1991).
discussed
Cited "see"
United States v. Fleet Factors Corp.
See United States v. Fleet Factors Corp., 724 F.Supp. 955 (S.D.Ga.1988) (granting summary judgment against Horowitz and Newton as to liability), aff'd and aff'd on other grounds, 901 F.2d 1550 (11th Cir.1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991).
discussed
Cited "see"
State v. Cauthron
(2×)
See State v. Swan, 114 Wn.2d 613, 655 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 (1991); State v. Allery, 101 Wn.2d 591, 596 , 682 P.2d 312 (1984).
discussed
Cited "see, e.g."
Easyriders Freedom F.I.G.H.T. v. Hannigan
Where a law at issue “does not implicate First Amendment rights, it may be challenged for vagueness only as applied,” id., unless the enactment is “impermissibly vague in all of its applica tions.” Schwartzmiller v. Gardner, 752 F.2d 1341, 1348 (9th Cir.1984) (quoting Village of Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 495, 102 S.Ct. 1186, 1191 , 71 L.Ed.2d 362 (1982)); see also United States v. Doremus, 888 F.2d 630, 634 (9th Cir.1989) (statute facially vague if it specifies “no standard of conduct at all”), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 …
discussed
Cited "see, e.g."
ca9 1996
Where a law at issue "does not implicate First Amendment rights, it may be challenged for vagueness only as applied," id., unless the enactment is "impermissibly vague in all of its applications." Schwartzmiller v. Gardner, 752 F.2d 1341, 1348 (9th Cir.1984) (quoting Village of Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 495 , 102 S.Ct. 1186, 1191 , 71 L.Ed.2d 362 (1982)); see also United States v. Doremus, 888 F.2d 630, 634 (9th Cir.1989) (statute facially vague if it specifies "no standard of conduct at all"), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2…
discussed
Cited "see, e.g."
City of Toledo v. Beazer Materials & Services, Inc.
See also, United States v. Fleet Factors Corp., 901 F.2d 1550 , 1554 n. 3 (11th Cir.1990) (“Although the ‘owner and operator’ language of § 9607(a)(1) is in the conjunctive, we construe this language in the disjunctive in accordance with the legislative history of CERCLA and the persuasive interpretations of other federal courts.”), cert. denied, 498 U.S. 1046 [ 111 S.Ct. 752 , 112 L.Ed.2d 772 ] (1991); ...
discussed
Cited "see, e.g."
Turning Point, Inc. v. City of Caldwell
Williams v. City of Columbia, 906 F.2d 994, 998 (4th Cir.1990); see also, United States v. Doremus, 888 F.2d 630 (9th Cir.1989), cert. denied, 498 U.S. 1046 , 111 S.Ct. 751 , 112 L.Ed.2d 772 (1991). 2.
discussed
Cited "see, e.g."
ca9 1996
Williams v. City of Columbia, 906 F.2d 994, 998 (4th Cir.1990); see also, United States v. Doremus, 888 F.2d 630 (9th Cir.1989), cert. denied, 498 U.S. 1046 , 111 S.Ct. 751 , 112 L.Ed.2d 772 (1991). 23 2.
discussed
Cited "see, e.g."
E S Robbins Corp. v. Eastman Chemical Co.
See, e.g., United States v. Fleet Factors Corp., 901 F.2d 1550, 1554 (11th Cir.1990) (holding that § 9607(a)(1) imposes strict liability), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); Chatham Steel Corp. v. Brown, 858 F.Supp. 1130, 1138-39 (N.D.Fla.1994) (holding that § 9607(a)(3) does not include intent requirement).
discussed
Cited "see, e.g."
Reichhold Chemicals, Inc. v. Textron, Inc.
See, e.g., United States v. Fleet Factors Corp., 901 F.2d 1550, 1554 (11th Cir.1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); In re Bell Petroleum Services, Inc., 3 F.3d 889, 897 (5th Cir.1993); New York v. Shore Realty Corp., 759 F.2d 1032, 1044 (2nd Cir.1985).
discussed
Cited "see, e.g."
State v. Gentry
App. 534, 537 , 656 P.2d 1099 (1982); see also David Boerner, Sentencing in Washington 6-14 to 6-15 (1985). [114] State v. Swan, 114 Wn.2d 613 , 790 P.2d 610 (1990), cert. denied, 498 U.S. 1046 (1991). [115] Lord, 117 Wn.2d at 863 .
discussed
Cited "see, e.g."
Chatham Steel Corp. v. Brown
See, e.g., United States v. Fleet Factors Corp., 901 F.2d 1550, 1554 (11th Cir.1990), cert. denied, 498 U.S. 1046 , 111 S.Ct. 752 , 112 L.Ed.2d 772 (1991); In re Bell Petroleum Services, Inc., 3 F.3d 889, 897 (5th Cir.1993); Dedham Water Co., *1139 889 F.2d at 1150 (1st Cir.); United States v. Aceto Agricultural Chems.
cited
Cited "see, e.g."
Donnie Wayne Durrett v. Neal Brown, Superintendent, Clallam Bay Correction Center
Compare State v. Swan, 790 P.2d 610, 625-26 (Wash.1990), cert. denied, 498 U.S. 1046 (1991) with United States v. Walgren, 885 F.2d 1417, 1428 (9th Cir.1989).
discussed
Cited "see, e.g."
Freytag v. Commissioner
(2×)
See, e. g., United States v. Doremus, 888 F. 2d 630, 633, n. 3 (CA9 1989) (separation of powers claims), cert. denied, 498 U. S. 1046 (1991); Opdyke Investment Co. v. Detroit, 883 F. 2d 1265, 1276 (CA6 1989) (same); Interface Group, Inc. v. Massachusetts Port Authority, 816 F. 2d 9, 16 (CA1 1987) (Breyer, J.) (Supremacy and Commerce Clause claims).
Renne, San Francisco City Attorney
v.
Geary
v.
Geary
No. 90-769.
Supreme Court of the United States.
Jan 14, 1991.
Published
C. A. 9th Cir. Motion of California Judges Association for leave to file a brief as amicus curiae granted. Cer-tiorari granted.