green
Positive treatment
Quoted verbatim 4×
8.7 score
G Cite
cited 4× by 4 distinct cases, last quoted 1989 ·
…we may affirm the district court on any basis fairly supported by the record
⚠ not in text
Topic ↗
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "but see"
Wilton Howell v. W.R. Barker Attorney General of the State of North Carolina
(2×)
The Fifth Circuit seems to continue to be inconclusive on the issue, Dickerson v. Louisiana, 816 F.2d 220 , 229 n. 16 (5th Cir.), cert. denied, 484 U.S. 956 , 108 S.Ct. 352 , 98 L.Ed.2d 378 (1987); but see United States v. Carlock, 806 F.2d 535, 549 (5th Cir.1986), cert. denied, 480 U.S. 949 , 107 S.Ct. 1611 , 94 L.Ed.2d 796 (1987).
discussed
Cited as authority (quoted)
Churchill v. Fjord
we may affirm the district court on any basis fairly supported by the record
discussed
Cited as authority (quoted)
Churchill v. The F/V Fjord
we may affirm the district court on any basis fairly supported by the record
discussed
Cited as authority (quoted)
Churchill v. The F/V Fjord
we may affirm the district court on any basis fairly supported by the record
discussed
Cited as authority (quoted)
Churchill v. Fjord
we may affirm the district court on any basis fairly supported by the record
cited
Cited "see"
United States v. James
See Hoover v. Garfield Heights Municipal Court, 802 F.2d 168, 175-178 (6th Cir.1986), certiorari denied, 480 U.S. 949 , 107 S.Ct. 1610 , 94 L.Ed.2d 796 (1987).
examined
Cited "see"
Kind v. United States
(4×)
See Hoover v. Garfield Heights Municipal Court, 802 F.2d 168 (6th Cir.1986), cert. denied, ___ U.S. ___, 107 S.Ct. 1610 , 94 L.Ed.2d 796 (1987) (failure to instruct on essential element of offense *296 mandates reversal, even under Rose v. Clark analysis). [5] The government relies on McIntyre v. United States, 283 A.2d 814 (D.C.1971), a case in which the trial judge refused to let the appellant measure the knife in court.
discussed
Cited "see, e.g."
Robinson v. State
See Bruce v. State, 328 Md. 594, 630 , 616 A.2d 392, 410 (1992), cert. denied, 508 U.S. 963 , 113 S.Ct. 2936 , 124 L.Ed.2d 686 (1993); Stebbing v. State, 299 Md. 331, 350-51 , 473 A.2d 903, 912 , cert. denied, 469 U.S. 900 , 105 S.Ct. 276 , 83 L.Ed.2d 212 (1984); see also *119 United States v. Carlock, 806 F.2d 535, 551 (5th Cir.1986), cert. denied, 480 U.S. 949 , 107 S.Ct. 1611 , 94 L.Ed.2d 796 (1987). “[L]ay opinions which are helpful to the trier of fact in that they have incremental probative value beyond that of the underlying facts will be permitted.” 13 Lynn McLain, Maryland Evidenc…
cited
Cited "see, e.g."
United States v. Henry
See also United States v. Carlock, 806 F.2d 535, 549 (5th Cir.1986) (there is no Sixth Amendment right to a speedy indictment), cert. denied, 480 U.S. 949 , 107 S.Ct. 1611 , 94 L.Ed.2d 796 (1987).
cited
Cited "see, e.g."
Hanna Boys Center v. Miller
See, e.g., Beezley v. Fremont Indemnity Co., 804 F.2d 530 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1610 , 94 L.Ed.2d 796 (1987).
cited
Cited "see, e.g."
Hanna Boys Center v. Miller
See, e.g., Beezley v. Fremont Indemnity Co., 804 F.2d 530 (9th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1610 , 94 L.Ed.2d 796 (1987).
discussed
Cited "see, e.g."
United States v. John Charles Richard Mentz
(2×)
See also Rose v. Clark, 478 U.S. at ----, 106 S.Ct. at 3107 n. 8 ("Because a presumption does not remove the issue of intent from the jury's consideration, it is distinguishable from other instructional errors that prevent a jury from considering an issue.") (quoting Connecticut v. Johnson, 460 U.S. 73 , 95 n. 3, 103 S.Ct. 969 , 982 n. 3, 74 L.Ed.2d 823 (1983) (Powell, J., dissenting)). 16 44 Rose v. Clark stands for the proposition that "when an instruction prevents the jury from considering a material issue, it is equivalent to a directed verdict on that issue and therefore cannot be conside…
Retrieving the full opinion text from the archive…
Carlock
v.
United States
v.
United States
No. 86-6339.
Supreme Court of the United States.
Mar 30, 1987.
Published
Citer courts: Ninth Circuit (4)
C. A. 5th Cir. Certiorari denied.