green
Positive treatment
6.0 score
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 22 distinct citers.
discussed
Cited "but see"
United States v. Robert Shulman, United States of America v. Robert Shulman
Paige v. United States, 443 F.2d 781, 782 (4th Cir.1971); see also Reid v. United States, 69 F.3d 688, 689 (2d Cir.1995); Biro v. United States, 24 F.3d 1140, 1141-42 (9th Cir.1994); United States v. Deans, 436 F.2d 596 , 599 n. 3 (3d Cir.), cert. denied, 403 U.S. 911 (1971); United States v. Benthien, 434 F.2d 1031 (1st Cir.1970); Nance v. United States, 422 F.2d 590, 592 (7th Cir.1970); United States v. Smith, 387 F.2d 268, 270-71 (6th Cir.1967); but see United States v. Drummond, 903 F.2d 1171, 1173-75 (8th Cir.1990), cert. denied, 498 U.S. 1049 (1991) (failure to notify defendant of right …
discussed
Cited "but see"
United States v. Shulman
Paige v. United States , 443 F.2d 781, 782 (4th Cir. 1971); see also Reid v. United States, 69 F.3d 688, 689 (2d Cir. 1995); Biro v. United States, 24 F.3d 1140, 1141-42 (9th Cir. 1994); United States v. Deans, 436 F.2d 596 , 599 n.3 (3d Cir.), cert. denied, 403 U.S. 911 (1971); United States v. Benthien , 434 F.2d 1031 (1st Cir. 1970); Nance v. United States, 422 F.2d 590, 592 (7th Cir. 1970); 3 United States v. Smith, 387 F.2d 268, 270-71 (6th Cir. 1967); but see United States v. Drummond, 903 F.2d 1171, 1173-75 (8th Cir. 1990), cert. denied, 498 U.S. 1049 (1991) (failure to notify defendant…
cited
Cited "see"
State v. Kottman
See United States v. Cardona, 903 F.2d 60, 63 (1st Cir.1990), cert denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991).
discussed
Cited "see"
Fernando Soto v. United States
(2×)
See United States v. Drummond, 903 F.2d 1171, 1174 (8th Cir.), cert. denied, 498 U.S. 1049 , 111 S.Ct. 759 , 112 L.Ed.2d 779 (1991); see also Felder v. United States, 429 F.2d 534, 535 (2d Cir.) (holding that when a § 2255 petitioner claims sentencing court failed to inform him of his right to appeal, the government bears the burden of establishing that waiver of the right is “clearly established”), cert. denied, 400 U.S. 908 , 91 S.Ct. 152 , 27 L.Ed.2d 147 (1970); cf. United States v. Olano, 507 U.S. 725, 734 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) (noting that under harmless error sta…
discussed
Cited "see"
Williams v. Benjamin
See United States v. Cobb, 905 F.2d 784, 789 (4th Cir. 1990) ("[P]unitive intent behind a defendant's use of force may be inferred when the force is not reason- ably related to a legitimate nonpunitive governmental objective.") (quotations omitted), cert. denied, 498 U.S. 1049 (1991).
discussed
Cited "see"
Williams v. Benjamin
See United States v. Cobb, 905 F.2d 784, 789 (4th Cir.1990) ("[P]unitive intent behind a defendant's use of force may be inferred when the force is not reasonably related to a legitimate nonpunitive governmental objective.") (quotations omitted), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991). 31 The record at present contains no reason for the guards' refusal to permit Williams to wash, no evidence that Williams was not in the "immense pain" he alleges, and no justification for the extended period of time Williams was left in the restraints.
discussed
Cited "see"
United States v. Saccoccia
See United States v. Levy, ___ _____________ ____ 905 F.2d 326, 328 (10th Cir. 1990), cert. denied, 498 U.S. 1049 _____ ______ (1991); see also Collins v. Loisel, 259 U.S. 309, 312 (1922) ("It ___ ____ _______ ______ is enough [to satisfy the requirement of dual criminality] if the particular act charged is criminal in both jurisdictions."). 2.
discussed
Cited "see"
United States v. Saccoccia
See United States v. Levy, 905 F.2d 326, 328 (10th Cir.1990), cert. denied, 498 U.S. 1049 , 111 S.Ct. 759 , 112 L.Ed.2d 778 (1991); see also Collins v. Loisel, 259 U.S. 309, 312 , 42 S.Ct. 469, 471 , 66 L.Ed. 956 (1922) (“It is enough [to satisfy the requirement of dual criminality] if the particular act charged is criminal in both jurisdictions.”). 2.
discussed
Cited "see"
Roberts v. County Com'rs of Cecil County
The proper inquiry is whether the force applied was "in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm." Whitley, 475 U.S. at 320 -21 (quoting Johnson v. Glick, 481 F.2d 1028, 1033 (2d Cir.), cert. denied, 414 U.S. 1033 (1973)); see United States v. Cobb, 905 F.2d 784, 788-89 (4th Cir.1990), cert. denied, 498 U.S. 1049 (1991) (while right to be free of excessive force for pre-trial detainees is secured by Due Process Clause, standard is same as that for convicted prisoners under the Eighth Amendment). 6 In granting sum…
discussed
Cited "see"
Said Yitzchak Mahalli v. United States
See United States v. Drummond, 903 F.2d 1171, 1174 (8th Cir. 1990) (court's failure to advise defendant of right to appeal following conviction is harmless if defendant cannot establish prejudice), cert. denied, 498 U.S. 1049 (1991).
cited
Cited "see"
United States v. Ray Crews
See United States v. Cobb, 905 F.2d 784, 788-89 (4th Cir. 1990), cert. denied, 498 U.S. 1049 (1991).
discussed
Cited "see"
ca9 1993
See Caballero v. Concord, 956 F.2d 204, 206 (9th Cir.1992) ("due process cases have little relevance to a 1983 action involving fourth amendment rights") (citation and internal punctuation omitted). 65 For example, appellees cite United States v. Cobb, 905 F.2d 784, 788 (4th Cir.1990), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991), in support of their request for an instruction phrased in terms of "whether force was applied ... maliciously and sadistically for the very purpose of causing harm." Id. at 788.
cited
Cited "see"
United States v. Alejandro Camacho, Jr.
See United States v. Cobb, 905 F.2d 784, 788-89 (4th Cir. 1990), cert. denied, 498 U.S. 1049 (1991).
discussed
Cited "see, e.g."
United States v. Pascual
A parolee is a convicted criminal who has been sentenced to a term' of imprisonment and who has been allowed to serve a portion of that term outside prison walls.” United States v. Polito, 583 F.2d 48, 54 (2d Cir.1978); see also United States v. Cardona, 903 F.2d 60, 63 (1st Cir.1990) (“Parole is meted out in addition to, not in lieu of, incarceration.”), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991).
discussed
Cited "see, e.g."
Ajaj v. United States
See Hudson v. McMillian, 503 U.S. 1, 7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) [the core judicial inquiry is whether force was applied in a good faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm]; see also United States v. Cobb, 905 F.2d 784 (4th Cir.1990), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991); Taylor v. McDuffie, 155 F.3d 479 (4th Cir.1998); Norman v. Taylor, 25 F.3d 1259, 1263 (4th Cir.1994); Fuentes v. Wagner, 206 F.3d 335 , 342 (3d Cir.2000); Wilson v. Williams, 83 F.3d 870, 873 (7th Cir.1996) [applied to pretrial…
discussed
Cited "see, e.g."
Taylor v. Rhode Island
See also United States v. Cardona, 903 F.2d 60, 62 (1st Cir.1990) (noting that probation serves goals of rehabilitation and *784 public safety), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991); Tillinghast v. Howard, 109 R.I. 497 , 287 A.2d 749, 752 (1972) ("[I]t is for the purpose of giving a convicted accused the opportunity for rehabilitation that he retains his liberty and is placed on probation.”).
discussed
Cited "see, e.g."
Jackie Wilson v. James K. Williams
See, e.g., United States v. Cobb, 905 F.2d 784, 788-89 (4th Cir.1990), cert. denied, 498 U.S. 1049 , 111 S.Ct. 758 , 112 L.Ed.2d 778 (1991) (Eighth Amendment standard); Valencia v. Wiggins, 981 F.2d 1440 , 1443—17 (5th Cir.) (Eighth Amendment standard, at least in prison security context), cert. denied, 509 U.S. 905 , 113 S.Ct. 2998 , 125 L.Ed.2d 691 (1993); Telfair v. Gilberg, 868 F.Supp. 1396, 1410-12 (S.D.Ga.1994) (intermediate standard devised by district court); Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit § 4.20 (1995) (“excessive force eases…
discussed
Cited "see, e.g."
United States v. Hartman
See also United States v. Cobb, 905 F.2d 784, 791-92 (4th Cir. 1990) (under Geders, defendant cannot be prohibited from discussing his testimony with attorney during a weekend recess), cert. denied, 498 U.S. 1049 (1991).
discussed
Cited "see, e.g."
United States v. John Darrell T. Hartman
See also United States v. Cobb, 905 F.2d 784, 791-92 (4th Cir.1990) (under Geders, defendant cannot be prohibited from discussing his testimony with attorney during a weekend recess), cert. denied, 498 U.S. 1049 (1991). 6 The government argues that Hartman was not denied the right to consult with his attorney because he was allowed the brief conference before resuming his testimony.
discussed
Cited "see, e.g."
Robert L. Thompson v. Dave Harper
See also United States v. Cardona, 903 F.2d 60 (1st Cir.1990) (upholding warrantless arrest of parolee in his own home), cert. denied, 498 U.S. 1049 (1991). 12 Even if we assumed that Harper did "arrest" Thompson on January 3, 1992, Harper was acting in accordance with federal statutes.
discussed
Cited "see, e.g."
United States v. Ramon Puentes
Compare United States v. Kaufman, 874 F.2d 242, 243 (5th Cir.1989) (per curiam) (denial of petition for rehearing and suggestion for rehearing en banc) (stating that only the offended nation that is a party to a treaty may complain of a breach of the treaty) and Demjanjuk v. Petrovsky, 776 F.2d 571, 583-84 (6th Cir.1985) (expressing doubt that the individual has standing on the grounds that "[t]he right to insist on application of the principle of specialty belongs to the requested state, not to the individual whose extradition is requested”) (citation omitted), cert. denied, 475 U.S. 1016 ,…
discussed
Cited "see, e.g."
United States v. Savino Braxton, United States of America v. Linwood Rudolph Williams, A/K/A Rudi Williams, A/K/A Lenwood Williams
Fed.R.Evid. 613(b); see also United States v. Cobb, 905 F.2d 784 , 787 n. 5 (4th Cir.1990), cert. denied, 498 U.S. 1049 (1991); United States v. Daniele, 886 F.2d 1046, 1052-53 (8th Cir.1989). 25 In addition, Williams concedes that counsel did not object to the impeachment.
Wiginton
v.
United States
v.
United States
No. 90-861.
Supreme Court of the United States.
Jan 14, 1991.
Published
C. A. 5th Cir. Certiorari denied.