green
Positive treatment
4.7 score
Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
United States v. Jackson
In other words, it is Jackson’s position that the government must prove a negative and affirmatively rule out the existence of what we will refer to collectively as the “expungement exception.” While we have not explicitly addressed this precise issue before, in United States v. Laroche, 723 F.2d 1541 (11th Cir.), cert. denied, 467 U.S. 1245 , 104 S.Ct. 3521 , 82 L.Ed.2d 829 *1016 (1984), we decided an issue that is closely analogous.
discussed
Cited "see"
United States v. Hartsock
See Jackson, 57 F.3d at 1016 (“[WJhere affirmative defenses are created through statutory exceptions, the ultimate burden of persuasion remains with the prosecution, but the defendant has the burden of going forward with sufficient evidence to raise the exception as an issue.”) (quoting United States v. Laroche, 723 F.2d 1541, 1543 (11th Cir.), cert. denied, 467 U.S. 1245 , 104 S.Ct. 3521 , 82 L.Ed.2d 829 (1984)).
discussed
Cited "see"
United States v. Bartelho
See Jackson, 57 F.3d at 1016 (“[Wjhere affirmative defenses are created through statutory exceptions, the ultimate burden of persuasion remains with the prosecution, but the defendant has the burden of going forward with sufficient evidence to raise the exception as an issue.”) (quoting United States v. Laroche, 723 F.2d 1541, 1543 (11th Cir.), cert. denied, 467 U.S. 1245 , 104 S.Ct. 3521 , 82 L.Ed.2d 829 (1984)).
cited
Cited "see"
United States v. Scott E. Smith
See United States v. Laroche, 723 F.2d 1541 (11th Cir.), cert. denied, 467 U.S. 1245 , 104 S.Ct. 3521 , 82 L.Ed.2d 829 (1984); United States v. Mayo, 705 F.2d 62 (2d Cir.1983).
Retrieving the full opinion text from the archive…
Parker
v.
Petrovsky, Warden
v.
Petrovsky, Warden
No. 83-6682.
Supreme Court of the United States.
Jun 11, 1984.
Published
C. A. 8th Cir. Certiorari denied.