green
Positive treatment
Quoted verbatim 1×
6.7 score
“it has long been well established in this circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 19 distinct citers.
examined
Cited as authority (quoted)
United States v. Bradfield
it has long been well established in this circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.
discussed
Cited "see"
Yaman v. D'ANGELO
See, Easter House v. Felder, 910 F.2d 1387, 1407 (7th Cir.1990) (“Clearly, an unwarranted investigation by licensing officials conducted in a manner calculated to discourage customers or interfere with a licensee’s business may violate a property right.”) (citing McGee v. Hester, other citations omitted), cert. denied 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
United States v. Bradfield
See United States v. Schmick, 904 F.2d 936, 943 (5th Cir.1990), cert. denied sub nom., 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991)("It has long been well established in this Circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent."(quoting United States v. Lewis, 592 F.2d 1282, 1285 (5th Cir.1979)); United States v. Johnson, 872 F.2d 612, 622 (5th Cir. 1989)("When a defendant properly requests an instruction on a theory of def…
cited
Cited "see"
Foulk v. Donjon Marine Co.
See Peter v. Hess Oil Virgin Islands Corp., 903 F.2d 935, 951 (3d Cir.1990), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
United States v. Roy C. Bradfield and Lee Andrew Williams
See United States v. Schmick, 904 F.2d 936, 943 (5th Cir.1990), cert. denied sub nom., 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991) ("It has long been well established in this Circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.”) (quoting United States v. Lewis, 592 F.2d 1282, 1285 (5th Cir. 1979)); United States v. Johnson, 872 F.2d 612, 622 (5th Cir.1989) ("When a defendant properly requests an instruction on a theory …
discussed
Cited "see"
Holmes v. California Army National Guard
Under this limitation, “a case becomes moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Murphy v. Hunt, 455 U.S. 478, 481 , 102 S.Ct. 1181, 1183 , 71 L.Ed.2d 353 (1982) (citing Geraghty, 445 U.S. at 396 , 100 S.Ct. at 1208-09 ); accord Western Oil and Gas Ass’n v. Sonoma County, 905 F.2d 1287, 1290 (9th Cir.1990), cert. denied, 498 U.S. 1067 , 111 S.Ct. 784 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
Contreras v. City of Chicago
See Easter House v. Felder, 910 F.2d 1387, 1395 (7th Cir.1990) (en banc) (finding that an adoption agency had a property interest in the renewal of its license), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991); Reed v. Village of Shorewood, 704 F.2d 943, 948-49 (7th Cir.1983) (finding that a liquor license gives rise to protectible property interest).
discussed
Cited "see"
ca1 1996
See Western Oil & Gas Ass'n v. Sonoma County, 905 F.2d 1287, 1290-91 (9th Cir.1990) ("when the possibility of controversy remains, the case is not yet moot"), cert. denied, 498 U.S. 1067 , 111 S.Ct. 784 , 112 L.Ed.2d 846 (1991). 5 The district court's judgment is affirmed.
discussed
Cited "see"
Thorsted v. Munro
See Western Oil & Gas Ass’n v. Sonoma County, 905 F.2d 1287, 1290-91 (9th Cir.1990) (“when the possibility of controversy remains, the case is not yet moot”), cert. denied, 498 U.S. 1067 , 111 S.Ct. 784 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
Westlands Water District v. Patterson
See Western Oil & Gas Ass’n v. Sonoma County, 905 F.2d 1287, 1290 (9th Cir.1990) (“An action is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.”), cert. denied, 498 U.S. 1067 , 111 S.Ct. 784 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
Independent Coin Payphone Ass'n v. City of Chicago
See, Easter House v. Felder, 910 F.2d 1387, 1398-1405 (7th Cir.1990) (conduct of high-level officials during pre-deprivation process was random and unauthorized, thus falling within Parrott and warranting consideration of available state remedies), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see"
Canty v. A. Bottacchi, S.A. de Navegacion
See Peter v. Hess Oil Virgin Islands Corp., 903 F.2d 935, 942 (3d Cir.1990) (reciting Ruiz factors but applying Gaudet), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991); Huff v. Marine Tank Testing Corp., 631 F.2d 1140, 1143-44 (4th Cir.1980) (applying factors essentially similar to those in Ruiz ).
discussed
Cited "see, e.g."
Coppola v. Logistec Connecticut, Inc.
(2×)
Hahn v. Ross Island Sand & Gravel Co., supra, 358 U.S. 273 ; see also Peter v. Hess Oil Virgin Islands Corp., 903 F.2d 935, 947 (3d Cir. 1990), cert. denied, 498 U.S. 1067 , 111 S. Ct. 783 , 112 L.
discussed
Cited "see, e.g."
United States v. Naranjo
(2×)
Compare United States v. Schmick, 904 F.2d 936, 940 (5th Cir.1990) (“The return of a timely indictment tolls the statute of limitations as to the charges alleged therein.”), cert. denied, 498 U.S. 1067 , 111 S.Ct. 782 , 112 L.Ed.2d 845 (1991), with United States v. Morales-Alejo, 193 F.3d 1102, 1104 (9th Cir.1999) (holding, because supervised-release-term not tolled under 18 U.S.C. § 3624 (e), warrant issued more than two weeks after expiration of supervised release term did not preserve district court’s jurisdiction).
discussed
Cited "see, e.g."
Siebert v. Severino
See Zinermon v. Burch, 494 U.S. 113 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990); Hudson v. Palmer, 468 U.S. 517 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Logan v. Zimmerman Brush Co., 455 U.S. 422 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982); Parratt v. Taylor, 451 U.S. 527 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981); see also Easter House v. Felder, 910 F.2d 1387, 1396-97 (7th Cir.1990) (discussing these Supreme Court cases), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see, e.g."
Arty Larnell Hamlin v. Dick Vaudenberg, Captain Hoover, Captain Johnson
Id. at 323 , citing Daniels v. Williams, 474 U.S. at 339-40 , 106 S.Ct. at 678-79 ; see also Easter House v. Felder, 910 F.2d 1387, 1405 (7th Cir.1990) (en banc), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see, e.g."
Youakim v. Mcdonald
Such a legitimate claim of entitlement, moreover, is "defined by existing rules or understandings that stem from an independent source such as state law." Id.; see also Easter House v. Felder, 910 F.2d 1387, 1395 (7th Cir.1990) (en banc), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see, e.g."
Youakim v. McDonald
Such a legitimate claim of entitlement, moreover, is “defined by existing rules or understandings that stem from an independent source such as state law.” Id.; see also Easter House v. Felder, 910 F.2d 1387, 1395 (7th Cir.1990) (en banc), cert. denied, 498 U.S. 1067 , 111 S.Ct. 783 , 112 L.Ed.2d 846 (1991).
discussed
Cited "see, e.g."
No. 92-55894
Compare Cushing v. City of Chicago, 3 F.3d 1156 , ----, slip op. at 14-18 (7th Cir. Sept. 3, 1993) with Easter House v. Felder, 910 F.2d 1387, 1398-1405 (7th Cir.1990) (en banc), cert. denied, 498 U.S. 1067 (1991). 10 AFFIRMED. * This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3 1 Condon's contention that the Department's prior approval policy violated his Associational rights was not addressed in the pleadings and was not discussed in the plaintiff's opposition to the defendant's motion for summ…
Sonnenberg
v.
United States
v.
United States
No. 90-539.
Supreme Court of the United States.
Jan 22, 1991.
498 U.S. 1067
Published
Citer courts: Fifth Circuit (1)
C. A. 9th Cir. Certiorari denied.