green
Positive treatment
Quoted verbatim 2×
11.3 score
G Cite
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 46 distinct citers.
discussed
Cited "but see"
United States v. Robert Dibernardo and Theodore Rothstein
But see United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984) (constitutional claims may be raised on collateral review even if not raised on appeal), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "but see"
United States v. Marvin J. Porter
But cf. United States v. Bonnetts, 747 F.2d 1159, 1164 (7th Cir.1984) (finding that defendant’s acquiescence to having his license plates placed on stolen car sufficient to establish concealment, even though defendant did not perform physical act himself), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1771 , 84 L.Ed.2d 831 (1985).
discussed
Cited as authority (quoted)
Andrew Styles v. Richard J. Van Zandt, Superintendent of the Washington Correctional Facility
it is not required that the government prove guilt beyond all possible doubt.
examined
Cited as authority (quoted)
Michael T. Smith v. Roger v. Endell, Commissioner of the Department of Corrections, State of Alaska
(2×)
the word 'attorney' has no talis-manic qualities. a defendant does not invoke his right to counsel any time the word falls from his lips
discussed
Cited "see"
United States v. Dinero Express, Inc.
See United States v. Sliker, 751 F.2d 477, 489 (2d Cir.) (records not hearsay where “admitted not to establish the truth of the matters asserted but rather to prove the sham nature of the [transactions]”), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
Alfred R. Dyer v. Arthur Calderon, Warden
(2×)
See United States v. Schaflander, 743 F.2d 714, 718-19 (9th Cir.1984) (Schaflander ) (failure to present cumulative testimony does not show prejudicial ineffective assistance), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
Alfred R. DYER, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee
(2×)
See United States v. Schaflander, 743 F.2d 714, 718-19 (9th Cir.1984) (Schaflander ) (failure to present cumulative testimony does not show prejudicial ineffective assistance), ce rt. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
cited
Cited "see"
United States v. Olusegun Alaga, Lekan Yusuf and Akintunde Oke
See United States v. Sliker, 751 F.2d 477, 491 (2d Cir.1984) (denial of motion for trial transcript reviewed for abuse of discretion), cert. denied, 470 U.S. 1058 , 471 U.S. 1137 (1985).
discussed
Cited "see"
United States v. Christian G. Nadal, United States of America v. Doris Nadal
See United States v. North, 746 F.2d 627, 630-31 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985), disapproved on other grounds, Mkhsian, 5 F.3d at 1311 . 10 Christian's contention that his convictions under 18 U.S.C.
cited
Cited "see"
United States v. Brian Eric Carr
See United States v. Sliker, 751 F.2d 477, 483 (2d Cir.1984), cert. denied sub nom., Buchwald v. United States, 470 U.S. 1058 (1985).
discussed
Cited "see"
Michael Dean Vicks v. J.M. Ratelle, Warden
See United States v. Schaflander, 743 F.2d 714, 718-20 (9th Cir.1984) (district court's failure to conduct evidentiary hearing on claim of ineffective assistance of counsel not improper where petitioner's allegations, even if true, failed to state ground for relief), cert. denied, 470 U.S. 1058 (1985)
discussed
Cited "see"
United States v. Wilson
In deciding whether to grant severance based on the defendant’s need to call a co-defendant, a district court should consider “(1) the sufficiency of the showing that the co-defendant would testify at a severed trial and waive his Fifth Amendment privilege; (2) the degree to which the exculpatory testimony would be cumulative; (3) the counter arguments of judicial economy; and (4) the likelihood that the testimony would be subject to substantial, damaging impeachment.” United States v. Finkelstein, 526 F.2d 517, 523-24 (2d Cir.1975), cert. denied, 425 U.S. 960 , 96 S.Ct. 1742 , 48 L.Ed.2…
discussed
Cited "see"
United States v. Wilson
Romero submitted a declaration signed by Hoyos under penalty of perjury in which Hoyos stated that he would invoke his Fifth Amendment right to silence at his own trial, but would waive those rights and testify at Romero's trial if Romero were granted a separate trial. 31 In deciding whether to grant severance based on the defendant's need to call a co-defendant, a district court should consider "(1) the sufficiency of the showing that the co-defendant would testify at a severed trial and waive his Fifth Amendment privilege; (2) the degree to which the exculpatory testimony would be cumulative…
cited
Cited "see"
United States v. Manouk Mkhsian, United States of America v. Abram Meliksetian, United States of America v. Andranik Sogoyan
See United States v. North, 746 F.2d 627, 630 (9th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
Feliciano Amador-Torres v. United States
See United States v. Schaflander, 743 F.2d 714, 719 (9th Cir.1984) (defendant's counsel had no obligation to present cumulative evidence), cert. denied, 470 U.S. 1058 (1985). 5 Petitioner also argues that his attorney's failure to file a motion to suppress evidence obtained from a warrantless search of the car he was driving amounted to ineffective assistance of counsel.
cited
Cited "see"
United States v. Robert Dale Lloyd
See United States v. North, 746 F.2d 627, 630-31 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985).
discussed
Cited "see"
State v. Peabody
See United States v. Jardina, 747 F.2d 945, 949 (5th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985); Commonwealth v. Pennellatore, 392 Mass. 382 , 467 N.E.2d 820 (1984); State v. Hale, 453 N.W.2d 704, 707 (Minn.1990).
discussed
Cited "see"
United States v. William N. Logan, Jr. And Eddie Stanley
See Fed.R.Evid. 901, interpreted by United States v. Jardina, 747 F.2d 945, 951 (5th Cir.1984) cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985); 12 see also United States v. Shaw, 920 F.2d 1225, 1229-30 (5th Cir.) (despite alleged “glaring gaps” in chain of custody, holding evidence sufficient to conclude that methamphetamine analyzed came from defendant’s motel room), cert. denied, — U.S. -, 111 S.Ct. 2038 , 114 L.Ed.2d 122 (1991); United States v. Palella, 846 F.2d 977, 980-81 (5th Cir.) (evidence sufficient to support trial judge’s exercise of discretion in adm…
cited
Cited "see"
United States v. David Olon Harrington
Id.'; see United States v. Jardina, 747 F.2d 945, 951 (5th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985).
discussed
Cited "see"
ca7 1990
See United States v. Roberts, 749 F.2d 404, 409-10 (7th Cir.1984) (affirming a forfeiture pursuant to a plea agreement to a RICO violation), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1770 , 84 L.Ed.2d 830 (1985). 5 23 This unperfected property interest extends to assets which have been transferred to third parties, "unless the transferee establishes in a hearing pursuant to subsection (n) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section." 2…
discussed
Cited "see"
United States v. De Ortiz
See United States v. Roberts, 749 F.2d 404, 409-10 (7th Cir.1984) (affirming a forfeiture pursuant to a plea agreement to a RICO violation), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1770 , 84 L.Ed.2d 830 (1985). 5 This unperfected property interest extends to assets which have been transferred to third parties, “unless the transferee establishes in a hearing pursuant to subsection (n) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section.” …
cited
Cited "see"
William Belber v. Charles S. Lipson, M.D., D/B/A Metromedic Walk in Medical Center, Appeal of W. Robert Felix, Jr., M.D.
See generally, United States v. Sliker, 751 F.2d 477, 496-500 (2d Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
United States v. Fred Julian Harvey
See United States v. Roberts, 749 F.2d 404, 409-10 (7th Cir.1984), cert. denied, 470 U.S. 1058 (1985); United States v. Crumbley, 872 F.2d 975 (11th Cir.1989); United States v. Reckmeyer, 786 F.2d 1216 (4th Cir.), cert. denied, 479 U.S. 850 (1986).
discussed
Cited "see"
United States v. Thomas Dean Mills
Berger, Weinstein’s Evidence, ¶ 404[16], at 404-127 (1985) (quoting McCormick on Evidence, § 157 (1954)); see United States v. Sliker, 751 F.2d 477, 486-87 (2d Cir.1984) (Friendly, J.), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 , 471 U.S. 1137 , 105 S.Ct. 2679 , 86 L.Ed.2d 697 (1985); United States v. Danzey, 594 F.2d 905, 911 (2d Cir.), cert. denied, 441 U.S. 951 , 99 S.Ct. 2179 , 60 L.Ed.2d 1056 (1979).
discussed
Cited "see"
Wilson v. United States
See Gates v. United States, 481 A.2d 120 (D.C.1984) (Brady), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985); cf. United States v. Deutsch, 475 F.2d 55, 57 (5th Cir.1973) (Brady v. Maryland requires production of a statement of a postal office employee as an agency closely connected to the indictment), rev’d on other grounds, United States v. Henry, 749 F.2d 203 (5th Cir.1984); United States v. Ehrlichman, 376 F.Supp. 29, 36 (D.D.C.1974) (Brady).
discussed
Cited "see"
Saulo Cortez Rendon v. United States
See United States v. Schaflander, 743 F.2d 714, 717-18 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985). 6 Next, Rendon claims he was denied effective assistance because counsel failed to prosecute an appeal despite his requests that an appeal be taken and the entry of a conditional plea reserving his right to appeal.
cited
Cited "see"
United States v. Michael Collazo-Martinez
See United States v. Bonnetts, 747 F.2d 1159, 1161-62 (7th Cir.1984), ce rt. denied, 470 U.S. 1058 , 105 S.Ct. 1771 , 84 L.Ed.2d 831 (1985).
cited
Cited "see"
Easton v. United States
See Gates v. United States, 481 A.2d 120, 124 (D.C.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
United States v. John Horak, and United States of America v. John Horak
See United States v. Roberts, 749 F.2d 404, 409 (7th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1770 , 84 L.Ed.2d 830 (1985); see also United States v. McKeithen, 822 F.2d 310 (2d Cir.1987) (construing 21 U.S.C. § 848 (a)(2)(B)); Briggs v. Procunier, 764 F.2d 368, 371 (5th Cir.1985) (construing habitual offender statute).
cited
Cited "see"
United States v. Kirk Kaden
See United States v. Roberts, 749 F.2d 404, 408-09 (7th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1770 , 84 L.Ed.2d 830 (1985).
cited
Cited "see"
United States v. Sandra Vaccaro, John Vaccaro, Michael Brennan, Paul Bond, Norman Alvis, Stephen Labarbera, Dorothy Snider, and William Cushing
See United States v. Schaflander, 743 F.2d 714, 720 (9th Cir. 1984) (per curiam), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see"
United States v. Adolf Meyer
United States v. Kazni, 576 F.2d 238, 242 (9th Cir.1978); see United States v. Schaflander, 743 F.2d 714, 717 (9th Cir. 1984) (“customary procedure in this Circuit for challenging the effectiveness of defense counsel in a federal criminal trial is by collateral attack on the conviction under 28 U.S.C. § 2255”), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985).
discussed
Cited "see, e.g."
State v. Dickson
See, e.g., United States v. Bush, 749 F.2d 1227 , 1232 (7th Cir.1984) (first time in-court identification is not so inherently suggestive that, standing alone, it triggers due process protections), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1771 , 84 L.Ed.2d 831 (1985) ; Baker v. Hocker, 496 F.2d 615 , 617 (9th Cir.1974) ("[t]he danger posed by a courtroom identification is insufficient to require" due process protections); Byrd v. State, 25 A.3d 761 , 767 (Del.2011) ("we join the majority of courts in concluding that the two-step Biggers analysis does not apply to in-court identifications that d…
discussed
Cited "see, e.g."
Galloway v. State
See also United States v. Bush, 749 F.2d 1227, 1231 (7th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1771 , 84 L.Ed.2d 831 (1985) (“deference shown the jury in weighing the reliability of potentially suggestive out-of-court identification would seem even more appropriate for in-court identifications where the jury is present and able to see first-hand the circumstances which may influence a witness”); People v. Medina, 208 A.D.2d 771, 772 , 617 N.Y.S.2d 491 (1994) (“where there has not been a pretrial identification and defendant is identified in court for first time, defendant is…
discussed
Cited "see, e.g."
State v. Lewis
See also United States v. Bush, 749 F.2d 1227 (7th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1771 , 84 L.Ed.2d 831 (1985) (deference shown jury in weighing reliability of potentially suggestive out-of-court identification would seem even more appropriate for in-court identifications where jury is present and able to see first-hand the circumstances which may influence a witness); People v. Brazeau, 304 A.D.2d 254 , 759 N.Y.S.2d 268 (2003) (where there has not been a pretrial identification and defendant is identified in court for first time, defendant is not deprived of fair trial bec…
cited
Cited "see, e.g."
State v. Page
See State v. Peabody, 611 A.2d 826, 837 (R.I.1992); see also United States v. Jardina, 747 F.2d 945, 949 (5th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985).
discussed
Cited "see, e.g."
Libretti v. United States
Compare United States v. Reckmeyer, 786 F. 2d 1216, 1222 (CA4) (Rule 11(f) applies to forfeiture provisions in plea agreements), cert. denied, 479 U. S. 850 (1986), and United States v. Roberts, 749 F. 2d 404, 409 (CA7 1984) (same), cert. denied, 470 U. S. 1058 (1985), with United States v. Boatner, 966 F. 2d 1575, 1581 (CA11 1992) (Rule 11(f) does not apply to stipulated forfeiture provisions in plea agreements), United States v. Bachynsky, 949 F. 2d 722, 730-731 (CA5 1991) (Rule 11(f) does not apply to forfeiture provisions, but a forfeiture order will be upheld only if the record provides a…
discussed
Cited "see, e.g."
Commonwealth v. Cabrera
Id.: see also United States v. Jardina. 747 F.2d 945, 951 (5th Cir. 1984) (when presented evidence of questionable origin, court should admit evidence if proponent makes prima facie showing of authenticity), cert. denied, 470 U.S. 1058 , 105 S. Ct. 1723 , 84 L.
discussed
Cited "see, e.g."
United States v. Christian Liviu Bota
See, e.g., United States v. Sliker, 751 F.2d 477, 482-85 (2d Cir. 1984) (Oral testimony was offered that the bank's deposits "are" FDIC insured, and the court held that, when oral testimony is that the bank "is" FDIC insured, and the time-frame between the crime and the trial is not great, it is reasonable for a jury to conclude that the bank was federally insured at time of crime.), cert. denied, 470 U.S. 1058 , 471 U.S. 1137 (1985); United States v. Knop, 701 F.2d 670, 672-73 (7th Cir. 1983) (The court found evidence of FDIC status sufficient even though the alleged crime had been committed …
cited
Cited "see, e.g."
United States v. Antonio Valenzuela-Jasso
See, e.g., United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985).
discussed
Cited "see, e.g."
United States v. Mark Clifton Hamby
See also United States v. Sliker, 751 F.2d 477, 484-85 (2d Cir.1984), cert. denied, 470 U.S. 1058 (1985) (holding that where "the evidence is oral testimony that the bank is insured, and the interval between the crime and the trial is not great, it is reasonable to conclude that 'viewed in context, the jury could draw the inference that the bank was insured at the time of the robbery'--in other words, that this jury could take 'is' to mean 'is and has been' " (internal citation omitted)). 8 In the present case, to establish that the deposits of Great Western Bank were insured by the FDIC, the …
discussed
Cited "see, e.g."
Ricardo H. Robinson v. Robert Glen Borg, Warden
(2×)
See also United States v. Jardina, 747 F.2d 945, 949 (5th Cir.), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985).
discussed
Cited "see, e.g."
Gore v. Dugger
See Bruni v. Lewis, 847 F.2d 561, 564 (9th Cir.), cert. denied, 488 U.S. 960 , 109 S.Ct. 403 , 102 L.Ed.2d 391 (1988); see also United States v. Jardina, 747 F.2d 945, 949 (5th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1773 , 84 L.Ed.2d 833 (1985) (the word attorney has no talismanic qualities; a defendant does not invoke his right to counsel merely by mentioning the word).
discussed
Cited "see, e.g."
Reginald Lacroix Poole v. United States
See, e.g., United States v. Sliker, 751 F.2d 477 , 484 & n. 3 (2nd Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985); United States v. Schoenhut, 576 F.2d 1010 , 1019 & n. 9 (3rd Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978).
cited
Cited "see, e.g."
United States v. Messer
See also United States v. Martell, 572 F.Supp. 110, 113 (D.Mont.1983), aff'd without opinion, 742 F.2d 1463 (9th Cir.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 .
discussed
Cited "see, e.g."
Battle v. United States
Specifically, we find no merit to Battle’s contentions that reversible error was committed by the trial court: (1) in admitting "other crimes” evidence; see e.g., Gates v. United States, 481 A.2d 120, 123 (D.C.1984), cert. denied, 470 U.S. 1058 , 105 S.Ct. 1772 , 84 L.Ed.2d 832 (1985); (2) by denying his motion for acquittal on two assault with intent to kidnap while armed counts, assault with a dangerous weapon, and communicating a threat, see generally United States v. Hubbard, 429 A.2d 1334 (D.C.), cert. denied, 454 U.S. 857 , 102 S.Ct. 308 , 70 L.Ed.2d 153 (1981); (3) by refusing his r…
Lee
v.
United States
v.
United States
No. 84-6197.
Supreme Court of the United States.
Mar 18, 1985.
Published
Citer courts: Ninth Circuit (2) · Second Circuit (1)
C. A. D. C. Cir. Certiorari denied.