green
Positive treatment
Quoted verbatim 2×
9.5 score
G Cite
cited 6× by 2 distinct cases ·
"'Should have known' is closer to negligence than knowledge."
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975
2000
2026
Top citers, strongest first. 47 distinct citers.
examined
Cited as authority (quoted)
United States v. Daahir Caseer
(2×)
although knowledge that the substance imported is a particular narcotic need not be proven, 21 u.s.c. 952(a) is a 'specific intent' statute and requires knowledge that such substance is a controlled;substance.
discussed
Cited as authority (quoted)
United States v. Harry Lee
should have known' is closer to negligence than knowledge.
discussed
Cited "see"
People v. Mineccia
Contrary to defendant's contention, the evidence is legally sufficient "to establish that [he] was the seller of a controlled substance and [was] not" merely delivering heroin to his girlfriend as her agent ( People v Burden , 288 AD2d 821, 821 [4th Dept 2001], lv denied 97 NY2d 751 [2002]; see § 220.00 [1]; see generally People v Lam Lek Chong , 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see"
People v. Vickers
"Under the agency doctrine, a person who acts solely as the agent of a buyer in procuring drugs for the buyer is not guilty of selling the drug to the buyer, or of possessing it with intent to sell it to the buyer[,] . . . [which] is generally a factual question for the jury to resolve on the circumstances of the particular case" ( People v Peterkin , 135 AD3d 1192, 1192 [2016] [internal quotation marks and citations omitted]; see People v Lam Lek Chong , 45 NY2d 64, 73 [1978], cert denied 439 US 935 [1978]; People v Jones , 77 AD3d 1170, 1172 [2010], lv denied 16 NY3d 896 [2011]).
discussed
Cited "see"
People v. Vickers
The agency defense “permit [s] the jury to find [a] defendant [to be] an agent of the buyer, rather than a seller, and treat him [or her] accordingly” (People v Davis, 14 NY3d 20, 24 [2009]; see People v Lam Lek Chong, 45 NY2d 64, 73 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see"
People v. Peterkin
“Under the agency doctrine, ‘a person who acts solely as the agent of a buyer in procuring drugs for the buyer is not guilty of selling the drug to the buyer, or of possessing it with intent to sell it to the buyer’ ” (People v Kramer, 118 AD3d 1040 , 1041 [2014], quoting People v Watson, 20 NY3d 182, 185 [2012] [internal quotation marks and citation omitted]; see People v Echevarria, 21 NY3d 1, 20 [2013]). “[W]hether the defendant was a seller, or merely a purchaser doing a favor for a friend, is generally a factual question for the jury to resolve on the circumstances of the partic…
discussed
Cited "see"
People v. Nowlan
“The issue of whether a defendant is criminally responsible as a seller, or merely a purchaser doing a favor for a friend, is generally a factual question for the jury to resolve on the circumstances of the particular case” (People v Croley, 216 AD2d 690, 690 [1995], lv denied 86 NY2d 793 [1995]; see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see"
People v. Kindred
In this context, “ ‘[s]ell’ means to sell, exchange, give or dispose of to another” (Penal Law § 220.00 [1]; see § 220.16 [1]), and “include [s] any form of transfer of a controlled substance from one person to another” (People v Starling, 85 NY2d 509, 514 [1995] [internal quotation marks and citation omitted]; see People v Lam Lek Chong, 45 NY2d 64, 72 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see"
People v. Kindred
In this context, “ ‘[s]ell’ means to sell, exchange, give or dispose of to another” (Penal Law § 220.00 [1]; see § 220.16 [1]), and “include [s] any form of transfer of a controlled substance from one person to another” (People v Starling, 85 NY2d 509, 514 [1995] [internal quotation marks and citation omitted]; see People v Lam Lek Chong, 45 NY2d 64, 72 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see"
ABC, Inc. v. PrimeTime 24, Joint Venture
See Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974); see Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.) (adopting Johnson factors), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); Diamond Star Bldg.
cited
Cited "see"
SunTiger, Inc. v. Scientific Research Funding Group
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226-28 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
discussed
Cited "see"
ALLRIGHT MORTGAGE CO. v. Hill
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 (4th Cir.) (applying twelve Johnson factors to determine reasonable attorneys’ fees under the TILA and concluding “that these factors must be considered in arriving at a determination of reasonable attorneys’ fees in any case where such determination is necessary”), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); cf. Harman v. Levin, 772 F.2d 1150, 1151 (4th Cir.1985) (holding that the factors set out in Barber are properly employed in the determination of a reasonable attorney’s fee under 11 U.S.C. § 330 ).
discussed
Cited "see"
Sheppard v. Riverview Nursing Centre, Inc.
See Barber v. Kimbrell, 577 F.2d 216 , 266 (4th Cir.1978) (adopting twelve factor test), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); Daly, 790 F.2d at 1078 (Johnson factors are to be considered at the stage of setting reasonable rate and number of hours reasonably expended).
discussed
Cited "see"
Power v. Arlington Hospital Ass'n
See Curtis v. Loether, 415 U.S. 189, 195 , 94 S.Ct. 1005, 1009 , 39 L.Ed.2d 260 (1974) (stating with regard to a suit under the anti-discrimination provision of the Fair Housing Act: “A damages action under the statute sounds basically in tort— the statute merely defines a new legal duty, and authorizes the courts to compensate a plaintiff for the injury caused by the defendant’s wrongful breach.”); accord Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 225 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); see also J.C.
discussed
Cited "see"
Power v. Arlington Hospital Association
See Curtis v. Loether, 415 U.S. 189, 195 , 94 S.Ct. 1005, 1009 , 39 L.Ed.2d 260 (1974) (stating with regard to a suit under the anti-discrimination provision of the Fair Housing Act: "A damages action under the statute sounds basically in tort--the statute merely defines a new legal duty, and authorizes the courts to compensate a plaintiff for the injury caused by the defendant's wrongful breach."); accord Barber v. Kimbrell's, Inc., 577 F.2d 216 , 225 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); see also J.C.
discussed
Cited "see"
The Colonial Williamsburg Foundation v. The Kittinger Company
See Anderson v. Morris, 658 F.2d 246, 249 (4th Cir.1981) (applying twelve factors enunciated in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974) and adopted by Fourth Circuit in Barber v. Kimbrell's Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978)).
discussed
Cited "see"
Colonial Williamsburg Foundation v. Kittinger Co.
See Anderson v. Morris, 658 F.2d 246, 249 (4th Cir.1981) (applying twelve factors enunciated in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974) and adopted by Fourth Circuit in Barber v. Kimbrell’s Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978)).
cited
Cited "see"
United States v. Purvis Ray Cartwright and Purvis Jerome Patrick
See United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978).
cited
Cited "see"
United States v. Charles W. Blackburn
See United States v. Rich, 580 F.2d 929, 938 (9th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 330 , 58 L.Ed.2d 331 (1978).
discussed
Cited "see"
In Re Bernard Hill, Inc.
See Barber v. Kimbrell’s Inc., 577 F.2d 216 (4th Cir.1978), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978), applying criteria originally set forth in the leading case of Johnson v. Georgia Highway *70 Express, Inc., 488 F.2d 714 (5th Cir.1974).
cited
Cited "see"
United States v. Johnny Rivera, Elena Vila
See United States v. Restrepo-Granda, 575 F.2d 524, 528-29 (5th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978). 33 .
cited
Cited "see"
United States v. Johnny Rivera, Elena Vila
See United States v. Restrepo-Granda, 575 F.2d 524, 528-29 (5th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978). 33 .
discussed
Cited "see"
People v. Ortiz
Hahn-DiGuiseppe v New York, 439 US 930 [1978]; People v Miano, 143 AD2d 777 [2d Dept 1988]; People v Garay, 128 AD2d 413 [1st Dept 1987]; see generally, People v Lam Lek Chong, 45 NY2d 64, 75 , cert denied 439 US 935 [1978] [enumerating the factors to be considered in determining whether an agency relationship existed].) Accordingly, we reverse and remand for a new trial.
cited
Cited "see"
Hayes v. International Organization of Masters, Mates & Pilots
See Barber v. Kimbrell’s Inc., 577 F.2d 216 , 226 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
discussed
Cited "see"
In Re Leonard Jed Co.
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 (4th Cir.1978), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978), applying criteria originally set forth in the leading case of Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).
discussed
Cited "see"
In Re Sly
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 (4th Cir.1978), cert. denied 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); King v. Greenblatt, 560 F.2d 1024 (1st Cir.1977) cert. denied 438 U.S. 916 , 98 S.Ct. 3146 , 57 L.Ed.2d 1161 (1978); Finney v. Hutto, 548 F.2d 740 (8th Cir.1977) reh’g denied 439 U.S. 1122 , 99 S.Ct. 1035 , 59 L.Ed.2d 83 (1979); Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir.1975), cert. denied 425 U.S. 951 , 96 S.Ct. 1726 , 48 L.Ed.2d 195 (1976); In Re Humbert, 21 B.R. 489 (Bkrtcy.N.D.Ohio 1982).
cited
Cited "see"
Gillespie v. Brewer
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.1978) cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
cited
Cited "see"
Redic v. Gary H. Watts Realty Co.
See Barber v. Kimbrell’s, Inc., 577 F.2d 216 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978) (award of attorney’s fees under Truth in Lending Act).
discussed
Cited "see"
ca4 1984
See VanDyke v. Bluefield Gas Co., 210 F.2d 620, 622 (4th Cir.), cert. denied, 347 U.S. 1014 , 74 S.Ct. 870 , 98 L.Ed. 1137 (1954). 21 In his $7,500 award, the trial judge followed the standards we set in Barber v. Kimbrell's, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978), for any attorney's fees determination. 2 Initially, the trial judge multiplied the number of hours reasonably expended by the customary hourly rate to establish a preliminary amount for the fee award.
cited
Cited "see"
ca4 1982
See generally Barber v. Kimbrell's, Inc., 577 F.2d 216 , 226 (4 Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
cited
Cited "see"
Disabled Action v. Mayor of Baltimore
See generally Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 (4 Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
discussed
Cited "see"
Dixey v. Idaho First National Bank
Kessler v. Associates Financial Services Co., 639 F.2d 498, 499-500 (9th Cir. 1981); see Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 (4th Cir.), cert, denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); McGowan v. Credit Center of North Jackson, Inc., 546 F.2d 73, 77 (5th Cir. 1977).
discussed
Cited "see"
ca1 1982
Kessler v. Associates Financial Services Co., 639 F.2d 498, 499-500 (9th Cir. 1981); see Barber v. Kimbrell's, Inc., 577 F.2d 216 , 226 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978); McGowan v. Credit Center of North Jackson, Inc., 546 F.2d 73, 77 (5th Cir. 1977).
cited
Cited "see"
United States v. Alfonso Eufracio Colmenares-Hernandez
See United States v. Restrepo Granda, 575 F.2d 524 (5th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978). 2.
discussed
Cited "see, e.g."
State v. Kronich
See, e.g., United States v. Rich, 580 F.2d 929 (9th Cir. 1978) [, cert. denied, 439 U.S. 935 ], A qualified witness would seemingly be necessary to make a foundation showing that the business routinely kept records of the information not located, and that the information would have come promptly to the attention of regular record keepers and would have been recorded at that time. 5D Karl B.
cited
Cited "see, e.g."
State v. Kronich
See, e.g., United States v. Rich, 580 F.2d 929 (9th Cir.1978) [ cert. denied, 439 U.S. 935 , 99 S.Ct. 330 , 58 L.Ed.2d 331 (1978)].
discussed
Cited "see, e.g."
People v. Lester
Defendant testified that he helped the undercover buyer buy drugs because he expected to profit by doing so, that he would not have otherwise helped him, and that he would not engage in such conduct as a “favor.” Thus, defendant was acting “with the paramount idea that he would profit thereby,” motivation inconsistent with an agency defense (People v Roche, 45 NY2d 78, 85 [1978], cert denied 439 US 958 [1978]; see also People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]).
discussed
Cited "see, e.g."
People v. Spradley
The charge as given permitted the jury to discount the agency defense if it found that the defendant derived any benefit at all from the transaction (see, People v Jenkins, 77 AD2d 912, 913 ; see also, People v Lam Lek Chong, 45 NY2d 64 , cert denied 439 US 935 ; People v Lee, 79 AD2d 641 ).
discussed
Cited "see, e.g."
Dow Chemical Co. v. Texaco Refining & Marketing, Inc.
See Hensley v. Eckerhart, 461 U.S. 424, 437 , 103 S.Ct. 1933, 1941 , 76 L.Ed.2d 40 (1983) (stating that the discretion vested in the trial judge “is appropriate in view of the district court’s superior understanding of the litigation”); Colonial Williamsburg Found, v. Kittinger Co., 38 F.3d 133 , 138 (4th Cir.1994) (“It is well settled that district courts have considerable discretion in awarding attorneys’ fees____”); see also Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.) (announcing twelve factors to be considered by the district court in calculating an award …
discussed
Cited "see, e.g."
People v. Brandon
Memorandum: The jury’s rejection of defendant’s agency defense was not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495 ; see also, People v Lam Lek Chong, 45 NY2d 64 , cert denied 439 US 935 ; People v Foskit, 168 AD2d 961 , lv denied 77 NY2d 877 ).
discussed
Cited "see, e.g."
United States v. Rick Steven Honeycutt
See also United States v. Restrepo-Granda, 575 F.2d 524, 528 (5th Cir.), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978) (noting the Supreme Court’s use of the Model Penal Code definition of “knowingly”). 1 The Model Penal Code definition of “knowingly” states: A person acts knowingly with respect to a material element of an offense when: ... (ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
discussed
Cited "see, e.g."
Johnson & Towers Baltimore, Inc. v. Vessel \Hunter\""
See e.g., Barber v. Kimbrells, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.) cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978) (attorney fee standards for prevailing plaintiff in a civil rights case); Deleon Enterprises, Inc. v. Gary Hart & Assoc., Ltd., 92 Md.App. 399, 419 , 608 A.2d 828 (1992) (factors court should consider when awarding attorney fees against a party who has maintained an action in bad faith).
discussed
Cited "see, e.g."
People v. Greene
It is well settled that the following elements must be considered in determining whether a defendant is an agent of the buyer: "(1) did the defendant act as a mere extension of the buyer throughout the relationship, with no independent desire to promote the transaction; (2) was the purchase suggested by the buyer; (3) did the defendant have any previous acquaintance with the seller; (4) did the defendant exhibit any salesmanlike behavior; (5) did the defendant use his own funds; (6) did the defendant procure from many sources for a single buyer; (7) did the buyer pay the seller directly; (8) d…
cited
Cited "see, e.g."
Robinson v. Jacksonville Shipyards, Inc.
See, e.g., United States v. Restrepo-Granda, 575 F.2d 524, 529 (5th Cir.) ("deliberate ignorance is the equivalent of knowledge”), cert. denied, 439 U.S. 935 , 99 S.Ct. 331 , 58 L.Ed.2d 332 (1978).
cited
Cited "see, e.g."
F.S. & P. Coal Co. v. Inter-Mountain Coals, Inc.
See also, Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 226 (4th Cir.1978) cert denied 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978).
discussed
Cited "see, e.g."
Sullivan v. Easco Corp.
Compare Barber v. Kimbrells, Inc., 577 F.2d 216 , 226 n. 28 (4th Cir.), cert. denied, 439 U.S. 934 , 99 S.Ct. 329 , 58 L.Ed.2d 330 (1978), citing Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 714-19 (5th Cir.1974).
discussed
Cited "see, e.g."
People v. George
While proof of an offer may in some circumstances establish that a sale has occurred (see, Penal Law § 220.00 [1]), the weight of the material must be independently shown (see, People v Kenny, 30 NY2d 154 ; People v Lawson, 84 Misc 2d 24 ; see also, People v Lam Lek Chong, 45 NY2d 64, 72 , cert denied 439 US 935 ).
Lippitt
v.
Board of Education, South Euclid-Lyndhurst City School District
v.
Board of Education, South Euclid-Lyndhurst City School District
No. 78-5379.
Supreme Court of the United States.
Oct 30, 1978.
Published
Citer courts: Sixth Circuit (2) · Fifth Circuit (1)
Ct. App. Ohio, Cuyahoga County. Certiorari denied.