green
Positive treatment
Quoted verbatim 1×
5.4 score
“in order to rise to the level of plain error, the error in the trial court's instructions must be so fundamental that (i) absent the error, the jury probably would have reached a different verdict; or (ii) the error would constitute a miscarriage of justice if not corrected”
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998
2012
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Wright
in order to rise to the level of plain error, the error in the trial court's instructions must be so fundamental that (i) absent the error, the jury probably would have reached a different verdict; or (ii) the error would constitute a miscarriage of justice if not corrected
cited
Cited "see"
Hucker v. City of Beaumont
See Tamez v. City of San Marcos, 118 F.3d 1085, 1091 (5th Cir.1997), cert, denied, 522 U.S. 1125 , 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998).
discussed
Cited "see"
Nelson v. Stalder
See Tamez v. City of San Marcos, 118 F.3d 1085, 1092 (5th Cir.1997) (“An official acts within his discretionary authority when he performs nonministerial acts within the boundaries of his official capacity.”), cert. denied, 522 U.S. 1125 , 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998).
discussed
Cited "see"
Casanova v. City of Brookshire
Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); see Tamez v. City of San Marcos, 118 F.3d 1085, 1091 (5th Cir.1997), 522 U.S. 1125 , 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998); Hart, 127 F.3d at 441 .
discussed
Cited "see"
Casanova v. City of Brookshire
Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); see Tamez v. City of San Marcos, 118 F.3d 1085, 1091 (5th Cir.1997), 522 U.S. 1125 , 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998); Hart, 127 F.3d at 441 .
cited
Cited "see"
Taylor Publishing Co. v. Jostens, Inc.
See Tamez v. City of San Marcos, Texas, 118 F.3d 1085, 1089 (5th Cir.1997), cert. denied, — U.S. —, 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998).
discussed
Cited "see"
Holland Ex Rel. Holland v. City of Houston
Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); see Tamez v. City of San Marcos, 118 F.3d 1085, 1091 (5th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998); Hart, 127 F.3d at 441 .
discussed
Cited "see"
98 Cal. Daily Op. Serv. 9096, 98 Daily Journal D.A.R. 12,770 Anthony Cornell Bean, Petitioner-Appellee/cross-Appellant v. Arthur Calderon, Warden, Respondent-Appellant/cross-Appellee
See Turk v. White, 116 F.3d 1264, 1267 (9th Cir.1997), cert. denied, --- U.S. ----, 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998); but see Johnson v. Baldwin, 114 F.3d 835, 839-40 (9th Cir.1997) (holding that under the circumstances of that case, an unreasonable failure to investigate and discredit a weak alibi defense was prejudicial ineffective assistance of counsel).
discussed
Cited "see"
Bean v. Calderon
See Turk v. White, 116 F.3d 1264, 1267 (9th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998); but see Johnson v. Baldwin, 114 F.3d 835, 839-40 (9th Cir.1997) (holding that under the circumstances of that case, an unreasonable failure to investigate and discredit a weak alibi defense was prejudicial ineffective assistance of counsel).
cited
Cited "see, e.g."
In Re Exide Technologies
See, e.g., Tamez v. City of San Marcos, 118 F.3d 1085, 1098 (5th Cir.1997), cert. denied 522 U.S. 1125 , 118 S.Ct. 1073 , 140 L.Ed.2d 132 (1998).
discussed
Cited "see, e.g."
State v. Nicholson
Fletcher, 348 N.C. at 323 , 500 S.E.2d at 686 (citations omitted); see also State v. Holden, 346 N.C. 404, 438 , 488 S.E.2d 514, 532-33 (1997) (holding that burden of proof to establish existence of mitigating circumstances is on defendant and must be shown by preponderance of the evidence), cert. denied, 522 U.S. 1126 , 140 L.
cited
Cited "see, e.g."
State v. Bone
See, e.g., State v. Holden, 346 N.C. 404 , 488 S.E.2d 514 (1997), cert. denied, 522 U.S. 1126 , 140 L.
cited
Cited "see, e.g."
State v. Jaynes
Ed. 2d 100 (1996); see also, e.g., State v. Holden, 346 N.C. 404, 430 , 488 S.E.2d 514, 528 (1997), cert. denied, 522 U.S. 1126 , 140 L.
cited
Cited "see, e.g."
State v. Gell
Ed. 2d 1022 (1997); see also State v. Holden, 346 N.C. 404, 433 , 488 S.E.2d 514, 530 (1997), cert. denied, 522 U.S. 1126 , 140 L.
Retrieving the full opinion text from the archive…
Iseley
v.
Pennsylvania Department of Corrections
v.
Pennsylvania Department of Corrections
No. 97-7152.
Supreme Court of the United States.
Feb 23, 1998.
Cited by 2 opinions | Published
Citer courts: Court of Appeals of North Caro… (1)
Sup. Ct. Pa. Certiorari denied.