green
Positive treatment
Quoted verbatim 1×
5.6 score
“there must be a showing of prejudice before it is found that the claimant's right to due process has been violated to such a degree that the case must be remanded to the for further development of the record.”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 13 distinct citers.
examined
Cited as authority (quoted)
Sims v. Social Security Administration, Commissioner
there must be a showing of prejudice before it is found that the claimant's right to due process has been violated to such a degree that the case must be remanded to the for further development of the record.
discussed
Cited "see"
United States v. Benjamin Maduka
See United States v. Johnson, 660 F.2d 749, 752-53 (9th Cir.1981) (officers' inability to secure all exits, combined with increasing likelihood suspects would discover they were under surveillance, justified warrantless entry), cert. denied, 455 U.S. 912 (1982). 22 An additional danger that the heroin would escape the agents arose from the expected arrival of the heroin buyers from Washington.
discussed
Cited "see"
Charles KELLEY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
If there has been a waiver of right to counsel, claimant must show "clear prejudice or unfairness" caused by lack of counsel in order to prove that he was denied a full and fair hearing and is entitled to a remand to the Secretary. 652 F.2d at 404 ; see Ware v. Schweiker, 651 F.2d 408, 413-14 (5th Cir. Unit A 1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982).
discussed
Cited "see"
United States v. James Lee McAdams
See United States v. Johnson, 660 F.2d 749 (9th Cir.1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982); United States v. Benavidez, 664 F.2d 1255 (5th Cir.), cert. denied, 457 U.S. 1135 , 102 S.Ct. 2963 , 73 L.Ed.2d 1352 (1982).
discussed
Cited "see"
United States v. Gregory Foster, Johnnie Lee Gibson, Billy Jackson, Ronald H. Wilson
See United States v. Johnson, 660 F.2d 749, 753 (9th Cir.1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982); Valenzuela, 596 F.2d at 828-29 ; cf. United States v. Dubrofsky, 581 F.2d 208, 213 (9th Cir.1978), cert. denied, 454 U.S. 950 , 102 S.Ct. 489 , 70 L.Ed.2d 257 (1981) (“[h]eroin importers commonly have heroin and related paraphernalia where they live”).
cited
Cited "see"
Floyd v. Schweiker
See Ware v. Schweiker, 651 F.2d 408, 413 (5th Cir.1981), cert. denied 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982).
discussed
Cited "see, e.g."
LASTRAPE v. Barnhart
Pro Se Status Plaintiff proceeded pro se before ALJ Meyer, who could not proceed without first securing a valid waiver of the claimant’s right to counsel. 9 Moreover, upon receiving a valid waiver, ALJ Meyer then had a heightened duty to “scrupulously and conscientiously probe into, inquire of, and explore for all the relevant facts.’ ” Kane v. Heckler, 731 F.2d 1216, 1220 (5th Cir.1984) (quoting Cox v. Califano, 587 F.2d 988, 991 (9th Cir.1978)); see also Ware v. Schweiker, 651 F.2d 408, 414 (5th Cir.1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982); Gullett v…
discussed
Cited "see, e.g."
State v. Aase
See also United States v. Johnson, 660 F.2d 749, 753 (9th Cir.1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982) ("prejudice" in this context means the search would otherwise not have occurred or would have been less intrusive absent the error).
discussed
Cited "see, e.g."
State v. Aase
See also United States v. Johnson, 660 F.2d 749, 753 (9th Cir. 1981) (“prejudice” in this context means the search would otherwise not have occurred or would have been less intrusive absent the error), cert. denied, 455 U.S. 912 (1982).
discussed
Cited "see, e.g."
United States v. Louis Luk
(2×)
See also United States v. Johnson, 660 F.2d 749, 753 (9th Cir.1981) (“Johnson II”) (“the lack of a federal magistrate issuing the warrant” did not require suppression when defendants/appellants did not contend that the “warrant at issue was ‘fundamentally’ infirm,” but confined themselves to attacking the technical violation of Rule 41 and the federal agents involved in Johnson II had discussed and concluded in “good faith” that a federal warrant was not necessary), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982).
discussed
Cited "see, e.g."
Clifton v. Heckler
See also Ware v. Schweiker, 651 F.2d 408, 414 (5th Cir.1981), cert. denied, 455 U.S. 912 , 102 S.Ct. 1263 , 71 L.Ed.2d 452 (1982); Gold v. Secretary of Health, Education & Welfare, 463 F.2d 38, 43 (2d Cir.1972). .
discussed
Cited "see, e.g."
United States v. Licavoli
See also United States v. Phillips, 664 F.2d 971, 1015 (5th Cir.1981), cert. denied, 455 U.S. 912 (1982); United States v. Anderson, 626 F.2d 1358, 1367 (8th Cir.1980), cert. denied, 450 U.S. 912 , 101 S.Ct. 1351 , 67 L.Ed.2d 336 (1981).
discussed
Cited "see, e.g."
United States v. Licavoli
See also United States v. Phillips, 664 F.2d 971, 1015 (5th Cir.1981), cert. denied, 455 U.S. 912 (1982); United States v. Anderson, 626 F.2d 1358, 1367 (8th Cir.1980), cert. denied, 450 U.S. 912 , 101 S.Ct. 1351 , 67 L.Ed.2d 336 (1981). 39 V.
Dillard
v.
Martin, Warden
v.
Martin, Warden
No. 81-5769.
Supreme Court of the United States.
Jan 18, 1982.
Published
Citer courts: N.D. Alabama (1)
C. A. 4th Cir. Certiorari denied.