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1980
2003
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited "see"
UNITED STATES of America, Plaintiff-Appellee, v. Eural WILLS, II, Defendant-Appellant
We have reasoned that “[t]here is less likelihood of coercion when an ‘Allen’ instruction is given with the original instructions.” United States v. Williams, 624 F.2d 75, 77 (9th Cir.1980); accord United States v. Guglielmini, 598 F.2d 1149, 1151 (9th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 300 , 62 L.Ed.2d 310 (1979). 6 *717 We review a trial court’s decision to give an Allen instruction for abuse of discretion.
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Cited "see"
Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary
(2×)
See Pedrero v. Wainwright, 590 F.2d 1383, 1391 (5th Cir.) (pre-Ake case holding that insanity is not made an issue by showing defendant was a drug addict entitling him to state-funded defense psychiatrist), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979). 153 Finally, even if the state court did improperly deny appellant access to Dr. Nizny, I agree with the District Court that his constitutional rights under Ake were adequately protected by the testimony of Dr. Eljorn Don Nelson.
discussed
Cited "see"
Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary
(2×)
See Pedrero v. Wainwright, 590 F.2d 1383, 1391 (5th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979) (pre-Ake case holding that insanity is not made an issue by showing defendant was a drug addict entitling him to state-funded defense psychiatrist). 27 Finally, even if the state court did improperly deny appellant access to Dr. Nizny, we agree with the District Court that his constitutional rights under Ake were adequately protected by the testimony of Dr. Eljorn Don Nelson.
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Cited "see"
American Lung Ass'n of NJ v. Kean
See League to Save Lake Tahoe, Inc. v. Trounday, 598 F.2d 1164, 1169-72 (9th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979); see also Council of Commuter Organizations v. Metropolitan Transit Authority, 683 F.2d 663, 670-71 (2d Cir.1982).
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Cited "see"
United States v. Nicolas Alvarado Garcia
In Simmons the Supreme Court held that “when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection.” 390 U.S. at 394 , 88 S.Ct. at 976 (emphasis supplied); see Pedrero v. Wainwright, 590 F.2d 1383 , 1388 n. 3 (5th Cir.) (had defendant testified at arraignment, his testimony would not have been admitted at trial “over his objection”), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979).
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Cited "see"
United States of America Ex Rel. Jose Mireles, Petitioner-Appellee-Cross-Appellant v. James Greer, Respondent-Appellant-Cross-Appellee
See Pedrero v. Wainwright, 590 F.2d 1383 (5th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979). 2 .
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Bobby Cox v. Charles Montgomery, Warden, Georgia State Prison
See Pedredo v. Wainwright, 590 F.2d 1383, 1390-91 (5th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979).
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Cited "see"
Jorge Acosta v. R. v. Turner, Superintendent, Glades Correctional Institution
E.g., Nathaniel, supra; Davis, supra. 4 The required level of doubt has also been referred to, however, as “substantial,” U. S. v. Hayes, 589 F.2d 811, 823 (5th Cir.), cert. denied, 444 U.S. 847 , 100 S.Ct. 93 , 62 L.Ed.2d 60 (1979); Tyler v. Beto, 391 F.2d 993, 997 (5th Cir. 1968), cert. denied, 393 U.S. 1030 , 89 S.Ct. 642 , 21 L.Ed.2d 574 (1969); see Lee v. Alabama, 386 F.2d 97, 105 (5th Cir. 1967) (en banc), cert. denied, 395 U.S. 927 , 89 S.Ct. 1787 , 23 L.Ed.2d 246 (1969), and sometimes more emphatically as “real, substantial, and legitimate doubt,” Pedrero v. Wainwright, 590 F.2…
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Cited "see, e.g."
Watts v. Singletary
(2×)
Recognizing the functional focus of the competency inquiry, the court in Fallada stated, “To be entitled to a hearing a defendant must present evidence demonstrating that the dosage given him has affected him sufficiently adversely as to raise a doubt of his ability to consult with his lawyer and to have a rational understanding of the proceedings against him.” 819 F.2d at 1569 ; see also Pedrero v. Wainwright, 590 F.2d 1383, 1387-88 (5th Cir.) (information that defendant was a drug addict insufficient to require Pate hearing), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1…
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Coalition Against Columbus Center v. City of New York
A cornerstone of this Court’s interpretation of the citizen suit provision is the principle that an air quality standard established under the Clean Air Act is not an “emission standard or limitation.” Wilder II, 854 F.2d at 613-16 ; see also League to Save Lake Tahoe, Inc. v. Trounday, 598 F.2d 1164, 1173 (9th Cir.), cert, denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979).
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Coalition Against Columbus Center v. City Of New York
To state a claim under the citizen suit provision a plaintiff must allege a violation of "a specific strategy or commitment in the SIP and describe, with some particularity, the respects in which compliance with the provision is deficient." Council of Commuter Organizations, 683 F.2d at 670 ; see Wilder II, 854 F.2d at 610 ; Action for Rational Transit v. West Side Highway Project, 699 F.2d 614, 616 (2d Cir.1983). 24 A cornerstone of this Court's interpretation of the citizen suit provision is the principle that an air quality standard established under the Clean Air Act is not an "emission st…
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Cited "see, e.g."
Mike Hernandez v. Eddie S. Ylst, Warden
On appeal, we inquire “whether a reasonable judge ... should have experienced doubt with respect to competency to stand trial.” de Kaplany, 540 F.2d at 983 ; see also Pedrero v. Wainwright, 590 F.2d 1383, 1388 (5th Cir.) (Wisdom, J.) (“The test is an objective one.”), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979); cf. Smith v. Ylst, 826 F.2d 872, 875 (9th Cir.1987) (stating de Kaplany test for question of counsel’s competency), cert. denied, 488 U.S. 829 , 109 S.Ct. 83 , 102 L.Ed.2d 59 (1988). *717 The transcript of Hernandez’s statements to the trial court con…
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Cited "see, e.g."
United States of America Ex Rel. Clarence Rivers v. Gayle M. Franzen and Tyrone Fahner
See, e.g., Pedrero v. Wainwright, 590 F.2d 1383 (5th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979).
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Cited "see, e.g."
David Ray Collins v. Vernon Housewright, Director, Arkansas Department of Corrections
See, e. g., Pedrero v. Wainwright, 590 F.2d 1383, 1388-89 (5th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 299 , 62 L.Ed.2d 310 (1979); Chenault v. Stynchcombe, 546 F.2d 1191, 1192 (5th Cir.), cert. denied, 434 U.S. 878 , 98 S.Ct. 231 , 54 L.Ed.2d 158 (1977).
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United States v. Doyle Williams
See also American Bar Association Standards Relating to Trial by Jury, § 5.4 (1966), United States v. Guglielmini, 598 F.2d 1149 (9th Cir.), cert. denied, 444 U.S. 943 , 100 S.Ct. 300 , 62 L.Ed.2d 310 (1979).
Retrieving the full opinion text from the archive…
Horner
v.
Texas
v.
Texas
No. 79-5041.
Supreme Court of the United States.
Nov 5, 1979.
Published
Ct. Crina. App. Tex. Certiorari denied.