green
Positive treatment
7.6 score
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
cited
Cited "see"
Kelley v. United States (In Re Kelley)
See In re Fox, 609 F.2d 178 (5th Cir.), cert. denied, 449 U.S. 821 , 101 S.Ct. 78 , 66 L.Ed.2d 23 (1980).
discussed
Cited "see"
United States v. Richard George Mathews, A/K/A Ricky George Williams, Sharon Elaine Carter
See United States v. Metz, 608 F.2d 147, 156 (5th Cir.1979) (defendant who had been convicted and sentenced in federal court retained right not to incriminate himself where testimony could lead to prosecution in state court), cert. denied, *851 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980); accord United States v. Barham, 625 F.2d 1221, 1225 (5th Cir.1980) (one who has been convicted of possessing, distributing and conspiring to make, possess and distribute counterfeit money but who has not been charged with receiving counterfeit money cannot be compelled to testify regarding the source o…
cited
Cited "see"
Frank Michael Kendrick v. Peter Carlson, Warden
See West v. Bergland, 611 F.2d 710, 720 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980).
cited
Cited "see"
Alabama Dairy Products Ass'n v. Yeutter
See West v. Bergland, 611 F.2d 710, 715-16 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980).
cited
Cited "see"
Alabama Dairy Products Association, Inc. v. Clayton Yeutter
See West v. Bergland, 611 F.2d 710, 715-16 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980).
discussed
Cited "see"
International Association of Bridge, Structural, and Ornamental Ironworkers, Afl-Cio, Local No. 111 v. National Labor Relations Board
See Drobena v. NLRB, 612 F.2d 1095 , 1098 (8th Cir.), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 23 (1980); National Cash Register Co. v. NLRB, 466 F.2d 945 , 966-67 (6th Cir.1972), cert. denied, 410 U.S. 966 , 93 S.Ct. 1442 , 35 L.Ed.2d 700 (1973).
discussed
Cited "see"
State of Missouri v. Bowen
The doctrine, however, is "subject to numerous exceptions," and its application "to specific cases requires an understanding of its purposes and of the particular administrative scheme involved." Id.; see West v. Bergland, 611 F.2d 710, 715 (8th Cir.1979) (doctrine is not to be applied "woodenly"), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980). 42 The basic concept underlying the requirements of the exhaustion doctrine is that of judicial economy.
discussed
Cited "see"
Missouri v. Bowen
The doctrine, however, is “subject to numerous exceptions,” and its application “to specific cases requires an understanding of its purposes and of the particular administrative scheme involved.” Id.; see West v. Bergland, 611 F.2d 710, 715 (8th Cir.1979) (doctrine is not to be applied “woodenly”), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980).
examined
Cited "see"
In Re Darrel v. Shank, Debtor. Darrel v. Shank v. Washington State Department of Revenue, Excise Tax Division, Defendant
(4×)
also: Cited "see, e.g."
See In re Fox, 609 F.2d 178 (5th Cir.), cert. denied, 449 U.S. 821 , 101 S.Ct. 78 , 66 L.Ed.2d 23 (1980); Lawrence v. Lindley, 65 Ohio St.2d 105 , 418 N.E.2d 1351 (1981) (relying on Fox ).
cited
Cited "see"
Sioux Valley Hospital v. Bowen
See West v. Bergland, 611 F.2d 710 , 714-20 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980); B.
cited
Cited "see"
Sioux Valley Hospital v. Bowen
See West v. Bergland, 611 F.2d 710 , 714-20 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980); B.
discussed
Cited "see"
State v. Waskin
See People v. Rubin, 96 Cal. App.3d 968 , 158 Cal. Rptr. 488 (1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980) (a deadly serious offer to pay a reward to anyone who "kills, maims, or seriously injures a member of the American Nazi Party" at the time of the Nazi march in Skokie five weeks away constitutes solicitation).
discussed
Cited "see"
United States v. Agha Kaleem Ullah Khan
See United States v. Metz, 608 F.2d 147, 156 (5th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980); see also United States v. Rodriguez, 706 F.2d 31, 36-37 (2d Cir.1983); United States v. Johnson, 488 F.2d 1206, 1209-10 (1st Cir.1973).
cited
Cited "see"
United States v. John Ruppel
See United States v. Metz, 608 F.2d 147, 156 (5th Cir. 1979), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980). 4.
discussed
Cited "see"
Jack McCabe v. City of Eureka, Missouri
(2×)
See Smith v. Cotton Brothers Baking Co., 609 F.2d 738 (5th Cir.), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (U.S. Oct. 7, 1980).
cited
Cited "see"
Minnesota v. Block
See State of South Dakota v. Andrus, 614 F.2d 1190 , 1193 (8th Cir.), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980).
discussed
Cited "see, e.g."
Harmonia Holdings Group, LLC v. United States
See, e.g., McKart v. United States, 395 U.S. at 197 (“We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.”). “‘[A]dministrative remedies need not be pursued if the litigant's interests in immediate judicial review outweigh the government's interests in the efficiency or administrative autonomy that the exhaustion doctrine is designed to further.’” McCarthy v. Madigan, 503 U.S. at 146 (quoting West v. Bergland, 611 F.2d 710, 715 (8th Cir.1979), cert. denied, 449 U.S. 821 (1980)); see also Shalala v. Illinois Council o…
discussed
Cited "see, e.g."
Jones v. United States
See, e.g., McKart v. United States, 395 U.S. at 197 , 89 S.Ct. 1657 (“We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.”). “ ‘[Administrative remedies need not be pursued if the litigant’s interests in immediate judicial review outweigh the government’s interests in the efficiency or administrative autonomy that the exhaustion doctrine is designed to further.’ ” McCarthy v. Madigan, 503 U.S. at 146 , 112 S.Ct. 1081 (quoting West v. Bergland, 611 F.2d 710, 715 (8th Cir.1979), cert. denied, 449 U.S. 821 , 101 S.C…
discussed
Cited "see, e.g."
United States v. Gainey
(2×)
Moreover, even if the majority’s interpretation were correct, this Court has held that “ ‘[References during closing argument to the drug problems of society and defendants’ roles in such problems are not unduly prejudicial or excessively inflammatory.’ ” United States v. Delgado, 56 F.3d 1357, 1370 (11th Cir.) (quoting United States v. Zielie, 734 F.2d 1447, 1461 (11th Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 957 , 83 L.Ed.2d 964 (1985)), cert. denied, — U.S. -, 116 S.Ct. 404 , 133 L.Ed.2d 323 (1995); see also United States v. Metz, 608 F.2d 147, 158 (5th Cir.1979), ce…
discussed
Cited "see, e.g."
United States v. D.W. Snyder
See United States v. Diez, 515 F.2d 892, 900 (5th Cir.1975), ce rt. denied, 423 U.S. 1052 , 96 S.Ct. 780 , 46 L.Ed.2d 641 (1976); see also United States v. Metz, 608 F.2d 147, 153 (5th Cir.1979), ce rt. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980) (concluding that a plan to launder ill-gotten proceeds was one facet of a cocaine distribution scheme).
discussed
Cited "see, e.g."
Middle South Energy, Inc. v. Arkansas Public Service Commission
Davis, Administrative Law Treatise § 25:1, at 350 (1983); see also West v. Bergland, 611 F.2d 710, 715-17 (8th Cir.1979) (developing factors used in determining whether to require exhaustion), ce rt. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980).
discussed
Cited "see, e.g."
Middle South Energy, Inc. v. Arkansas Public Service Commission
Davis, Administrative Law Treatise Sec. 25:1, at 350 (1983); see also West v. Bergland, 611 F.2d 710, 715-17 (8th Cir.1979) (developing factors used in determining whether to require exhaustion), cert. denied, 449 U.S. 821 , 101 S.Ct. 79 , 66 L.Ed.2d 23 (1980). 57 To the degree that irreparable harm also must be shown, see West, 611 F.2d at 719-20 , MSE alleges such injury in the form of loss through exhaustion of the very right--the right to be free of the state administrative proceeding--it seeks to protect.
discussed
Cited "see, e.g."
United States v. State of Miss.
See, e.g., Matter of Fox, 609 F.2d 178, 181 (5th Cir. 1980) cert. denied, Alabama Dept. of Revenue v. Fox, 449 U.S. 821 , 101 S.Ct. 78 , 66 L.Ed.2d 23 (1980) (one seeking to assert exemption from taxation has the burden to clearly establish such right and in all cases of doubt as to legislative intent, the presumption is in favor of the taxing power).
discussed
Cited "see, e.g."
United States v. Mississippi
See, e.g., Matter of Fox, 609 F.2d 178, 181 (5th Cir.1980) ce rt. denied, Alabama Dept. of Revenue v. Fox, 449 U.S. 821 , 101 S.Ct. 78 , 66 L.Ed.2d 23 (1980) (one seeking to assert exemption from taxation has the burden to clearly establish such right and in all cases of doubt as to legislative intent, the presumption is in favor of the taxing power).
discussed
Cited "see, e.g."
People v. Cooks
(See, generally, Mohammad v. Sommers (E.D.Mich. 1964) 238 F.Supp. 806 ; see also People v. Rubin (1979) 96 Cal.App.3d 968 [ 158 Cal.Rptr. 488 ], cert. den., 449 U.S. 821 [ 66 L.Ed.2d 24 , 101 S.Ct. 80 ].) Cooks also argues that the cross-examination of Simon about the contents of his binder violated Evidence Code section 789, which provides: “Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.” The binder, however, was not admitted for the purpose of attacking Simon’s credibility because of his religious views.
discussed
Cited "see, e.g."
United States v. Carlos Manuel Parodi, United States of America v. Edwin Barton Conway, United States of America v. Robert Lee Laws
See also, United States v. Taylor, 562 F.2d 1345, 1362-63 (2d Cir.1977), cert. denied, 432 U.S. 909 , 97 S.Ct. 2958 , 53 L.Ed.2d 1083 (Court found unreliability in the co-defendant’s proposed testimony because “his then-anticipated conviction for the conspiracy charged in this indictment would have subjected his testimony to significant impeachment ....”) and in United States v. Metz, 608 F.2d 147, 156 (5th Cir. 1979), rehearing en banc denied, 613 F.2d 315 (5th Cir.1980), cert. denied, 449 U.S. 821 , 101 S.Ct. 80 , 66 L.Ed.2d 24 (1980); and United States v. Finkelstein, 526 F.2d at 545 …
Retrieving the full opinion text from the archive…
Moore
v.
Texas
v.
Texas
No. 79-1544.
Supreme Court of the United States.
Oct 6, 1980.
Published
Ct. Crim. App. Tex. Certiorari denied.