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Positive treatment
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Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Ex Parte Herrera
According to established practice, this fact should have triggered a fifth vote to grant petitioner application for a stay of execution." See Autry v. Estelle, 464 U.S. 1, 2 , 104 S.Ct. 20, 21-22 , 78 L.Ed.2d 1 (1983); Darden v. Wainwright, 473 U.S. 928, 928-929 , 106 S.Ct. 21, 21-22 , 87 L.Ed.2d 699 (1985); Straight v. Wainwright, 476 U.S. 1132, 1133, n. 2 , 106 S.Ct. 2004, 2005, n. 2 , 90 L.Ed.2d 683 (1986).
discussed
Cited as authority (rule)
Ex parte Herrera
According to established practice, this fact should have triggered a fifth vote to grant petitioner application for a stay of execution.” See Autry v. Estelle, 464 U.S. 1, 2 , 104 S.Ct. 20, 21-22 , 78 L.Ed.2d 1 (1983); Darden v. Wainwright, 473 U.S. 928, 928-929 , 106 S.Ct. 21, 21-22 , 87 L.Ed.2d 699 (1985); Straight v. Wainwright, 476 U.S. 1132, 1133, n. 2 , 106 S.Ct. 2004, 2005, n. 2 , 90 L.Ed.2d 683 (1986).
discussed
Cited as authority (rule)
Hamilton, as Natural Mother and Next Friend to Smith v. Texas
This denial, however, does not evidence any lack of merit in the petition; 3 instead, the reason for the denial emphasizes the importance of confronting on the merits the substantial questions that were raised in this case. 6 Justice SOUTER took no part in the consideration or decision of this motion and this petition. * See Autry v. Estelle, 464 U.S. 1, 2 , 104 S.Ct. 20, 21 , 78 L.Ed.2d 1 (1983) (per curiam) ("Had applicant convinced four Members of the Court that certiorari would be granted on any of his claims, a stay would issue"); Darden v. Wainwright, 473 U.S. 928, 928-929 , 106 S.Ct. 21…
discussed
Cited "see"
United States v. Sampson
See Straight v. Wainwright, 476 U.S. 1132 , 106 S.Ct. 2004 , 90 L.Ed.2d 683 (1986) (four votes to hold the case pending the decision in Darden v. Wainwright, no fifth vote to stay execution); Watson v. Butler, 483 U.S. 1037 , 108 S.Ct. 6 , 97 L.Ed.2d 796 (1987) (four votes to hold the case pending the decision in Franklin v. Lynaugh, Court split 4-4 on stay of execution because Justice Powell had retired and no ninth justice had yet been appointed to replace him); and Streetman v. Lynaugh, 484 U.S. 992 , 108 S.Ct. 588 , 98 L.Ed.2d 634 (1988) (case held pending the decision in Lowenfield v. Phe…
discussed
Cited "see"
Department Of The Treasury, Bureau Of Alcohol, Tobacco And Firearms v. Federal Labor Relations Authority
See Defense Language Inst. v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986). 22 Finally, we note that our decision is fully consistent with our earlier consideration of NTEU, the case on which the FLRA based its decision.
cited
Cited "see"
Department of the Treasury v. Federal Labor Relations Authority
See Defense Language Inst. v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986).
examined
Cited "see"
U.S. Department Of Health And Human Services v. Federal Labor Relations Authority
(3×)
also: Cited "see, e.g."
See Defense Language Institute v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985) (because the current Circular "lacks meaningful standards to guide management's discretion," its application, like that of its precursor, is not amenable to judicial review), cert. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986). 47 The Circular is thus not an "applicable law" under Sec. 7106, nor is its claimed violation grievable under Sec. 7103(a)(9)(C)(ii).
examined
Cited "see"
U.S. Department of Health & Human Services v. Federal Labor Relations Authority
(3×)
also: Cited "see, e.g."
See Defense Language Institute v. FLRA, 767 F.2d 1398 , 1401 (9th Cir.1985) (because the current Circular “lacks meaningful standards to guide management’s discretion,” its application, like that of its precursor, is not amenable to judicial review), ce rt. dismissed, 476 U.S. 1110 , 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986).
discussed
Cited "see, e.g."
U.S. Department Of Health And Human Services v. Federal Labor Relations Authority
See, e.g., Defense Language Institute v. FLRA, 767 F.2d 1398 (9th Cir.1985), cert. dismissed, --- U.S. ----, 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986) (proposal requiring adherence to OMB Circular A-76 held nonnegotiable); EEOC v. FLRA, 744 F.2d 842 (D.C.Cir.1984), cert. dismissed, --- U.S. ----, 106 S.Ct. 1678 , 90 L.Ed.2d 19 (1986) (proposal requiring adherence to OMB Circular A-76 held negotiable); see also, American Federation of Government Employees, Local 1931 v. FLRA, 802 F.2d 1159 (9th Cir.1986) (management's policy of expeditious suspension of driving privileges held to be a nonnegotiabl…
cited
Cited "see, e.g."
Iasiello v. Manson
In other words, identical grounds may often be proved by different factual allegations.” Id.; see also Straight v. Wainwright, 476 U.S. 1132 , 106 S. Ct. 2004 , 90 L.
discussed
Cited "see, e.g."
U.S. Department of Health & Human Services v. Federal Labor Relations Authority
See, e.g., Defense Language Institute v. FLRA, 767 F.2d 1398 (9th Cir.1985), cert. dismissed, — U.S. -, 106 S.Ct. 2004 , 90 L.Ed.2d 647 (1986) (proposal requiring adherence to OMB Circular A-76 held nonnegotiable); EEOC v. FLRA, 744 F.2d 842 (D.C.Cir.1984), cert. dismissed, — U.S. -, 106 S.Ct. 1678 , 90 L.Ed.2d 19 (1986) (proposal requiring adherence to OMB Circular A-76 held negotiable); see also, American Federation of Government Employees, Local 1931 v. FLRA, 802 F.2d 1159 (9th Cir.1986) (management’s policy of expeditious suspension of driving privileges held to be a nonnegotiable in…
Retrieving the full opinion text from the archive…
National Federation of Federal Employees
v.
Defense Language Institute
v.
Defense Language Institute
No. 85-777.
Supreme Court of the United States.
May 19, 1986.
Published
C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 53.