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Positive treatment
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Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Semi-Alloys, Inc. v. Morio
since the plaintiff's constitutional rights have adequate protection in the court of appeals, congress' decision to place exclusive jurisdiction in this court is unchallengeable.
cited
Cited "see"
United States v. Arthur Lee Burns, Jr.
See Fields, 30 F.3d at 991 (quoting Chapman v. United States, 547 F.2d 1240 (5th Cir.1977), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977)).
cited
Cited "see"
United States v. Arthur Lee Burns Jr.
See Fields, 30 F.3d at 991 (quoting Chapman v. United States, 547 F.2d 1240 (5th Cir. 1977), cert. denied, 431 U.S. 908 (1977)).
discussed
Cited "see"
State v. Gordon
See Wheeler, 285 Mont. at 402 , 948 P.2d at 699 . ¶29 Moreover, State v. White (Ariz. App. 1989), 773 P.2d 482, 484 , State v. Phillips (Ariz. App. 1983), 678 P.2d 512 , 514, and People v. Drummond (N.Y. 1976), 359 N.E.2d 663 , 664, cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977), involved routine contentions on appeal that the sentences imposed after plea agreements and entry of guilty pleas were illegal and did not involve arguments on appeal that pre-plea rulings violated the law or the constitution.
cited
Cited "see"
Martini v. Federal National Mortgage Ass'n
See Day v. Avery, 548 F.2d 1018 , 1029-30 & n. 61 (D.C.Cir.1976), ce rt. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977) (collecting cases).
discussed
Cited "see"
Jimenez v. State
Buitureida v. State, 684 S.W.2d 183, 142 (Tex.App.-Corpus Christi 1984, pet. ref'd); see Chapman v. United States, 547 F.2d 1240, 1249-50 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
discussed
Cited "see"
Hantover, Inc. v. Omet, S.N.C. of Volentieri & C.
See Day v. Avery, 548 F.2d 1018, 1022 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977) ("in cases not seeking enforcement of a substantive right existing under the Constitution or a federal law, capacity of a partnership to sue or be sued is determined by reference to the law of the forum State” under Rule 17(b)).
cited
Cited "see"
State v. Morrill
See Chapman v. United States, 547 F.2d 1240, 1248 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S. Ct. 1705 , 52 L.
cited
Cited "see"
State v. Green
See Chapman v. United States, 547 F.2d 1240, 1248 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S. Ct. 1705 , 52 L.
discussed
Cited "see"
Naartex Consulting Corporation, Russell Huff v. James G. Watt, Secretary of Interior
Furthermore, damages are “restricted in all cases to such damages as were the natural and proximate consequences, or the direct consequences, of the fraud, and to such damages as can be clearly defined and ascertained.” 37 Am.Jur.2d, Fraud & Deceit § 343, at 461; see Day v. Avery, 548 F.2d 1018, 1028 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
discussed
Cited "see"
United States v. Ronald Glen Shaw
See Chapman v. United States, 547 F.2d 1240, 1245 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977) (question by prosecutor eliciting remark that the defendant said nothing following arrest constituted error); United States v. Johnson, 558 F.2d 1225, 1230 (5th Cir.1977) (testimony that the defendant expressed intent to remain silent even though coupled with words indicating her desire to cooperate was error); Alderman v. Austin, 695 F.2d 124 (5th *382 Cir.1983) (en banc) (single reference by law enforcement witness to fact that interview was terminated after the de…
cited
Cited "see"
Howard v. Riggs National Bank
See Day v. Avery, 179 U.S.App.D.C. 63, 70-71 , 548 F.2d 1018, 1025-26 (1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977); W.
discussed
Cited "see"
State v. Walker
See Chapman v. United States, 547 F.2d 1240, 1248 [4] (5th Cir. 1977), cert. denied 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977) (explanation of defendant “that he had loaned his car to two hitchhikers whom he had just met, that upon hearing that they had left his car at the bank and his crowbar in the bank’s rear door he went not to the police but to retrieve the crowbar, and, that when discovered by a police officer holding on to a crowbar wedged into the rear door of the bank he was merely in the process of extricating the crowbar from the door” was held transparently frivolou…
discussed
Cited "see"
National Conference of Catholic Bishops v. Smith
See Grutka v. Barbour, 549 F.2d 5 , 9-10 (7th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977). 34 The case of Surinach v. Pesquera de Busquets, 604 F.2d 73 (1st Cir. 1979), relied on by plaintiffs at oral argument for the proposition that First Amendment free exercise rights are subject to the same protection as are First Amendment free speech rights, is clearly distinguishable on its facts. 35 (d) Lack of Ripeness 36 Finally, even if the plaintiffs presented a case or controversy a challenge to the PDA at this time would also fail for lack of ripeness.
cited
Cited "see"
National Conference of Catholic Bishops v. Smith
See Grutka v. Barbour, 549 F.2d 5 , 9-10 (7th Cir.), cert, denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
discussed
Cited "see"
Frank Daniel Williams v. Robert F. Zahradnick and the Attorney General of the State of Virginia
Reid v. Riddle, 550 F.2d 1003 (4th Cir. 1977); see Chapman v. United States, 547 F.2d 1240, 1242-7 (5th Cir. 1977), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977); Meeks v. Havener, 545 F.2d 9 (6th Cir. 1976). 5 .
discussed
Cited "see"
United States v. Peter Wylie, United States of America v. Sheldon Perluss, United States of America v. David Bachrach
In fact, we agree with the Second Circuit when it made the following observation: “The structure and legislative history of the drug abuse act provide persuasive evidence that, because of the special dangers which conspiracies to distribute controlled drugs pose to society, Congress did intend that a conspiracy to violate the Act should constitute a separate crime in addition to the substantive offense.” United States v. Bommarito, 524 F.2d 140, 143-144 (2d Cir. 1975); accord Curtis v. United States, 546 F.2d 1188, 1190 (5th Cir. 1977), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.…
discussed
Cited "see"
United States v. Danilo Bautista Batimana and Jose Edgardo Noguera
(2×)
See Curtis v. United States, 546 F.2d 1188, 1190 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
discussed
Cited "see"
Briggs v. Connecticut
(2×)
Accord, Chapman v. United States , 547 F.2d 1240, 1250 (CA5), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977); Leake v. Cox , 432 F.2d 982, 984 (CA4 1970).
cited
Cited "see"
United States v. Lawrence Everett Allston
See Chapman v. United States, 547 F.2d 1240 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
discussed
Cited "see"
National Conference of Catholic Bishops v. Bell
See Grutka v. Barbour, 549 F.2d 5, 9-10 (7th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977). (d) Lack of Ripeness Finally, even if the plaintiffs presented a case or controversy a challenge to the PDA at this time would also fail for lack of ripeness.
discussed
Cited "see"
United States of America Ex Rel. Eddie Allen v. Charles J. Rowe
See Chapman v. United States, 547 F.2d 1240 (5th Cir. 1977), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977); Meeks v. Havener, 516 F.2d 902 (6th Cir. 1975) (per curiam), vacated and remanded, 428 U.S. 908 , 96 S.Ct. 3215 , 49 L.Ed.2d 1213 (1976), on remand, 545 F.2d 9 (6th Cir. 1976).
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Cited "see"
Surinach v. Pesquera De Busquets
See, Grutka v. Barbour, 549 F.2d 5, 10 (C.A. 7, 1977), cert. den. 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 . 9 *128 The Complaint filed in this case is hereby DISMISSED.
cited
Cited "see"
United States v. H. P. Davis, Arnold Harkless, Jr., and Billy Earl Clayton
See Curtis v. United States, 546 F.2d 1188 (5th Cir. 1977), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977). 2 .
discussed
Cited "see, e.g."
Kitt v. Capital Concerts, Inc.
Furthermore, in his complaint, Mr. Kitt only makes a blanket allegation that his “professional and personal reputations were damaged, and [that] he sustained other damages.” Indeed, he conceded during discovery, as the trial court noted, that “[s]ince the concert, his earnings, performances, and private teachings have increased.” To recover in the District, “appellant’s proof of damages [is] crucial.” Dresser, supra, 465 A.2d at 839 (citations omitted); see also Day v. Avery, 179 U.S.App.D.C. 63, 74 , 548 F.2d 1018, 1029 (1976) (per curiam) (“a sine qua non of any recovery for …
discussed
Cited "see, e.g."
Hughes v. State
See also People v. Drummond, Ct.App., 40 N.Y.2d 990 , 391 N.Y.S.2d 67 , 359 N.E.2d 663 (1976), cert. denied, 431 U.S. 908 , 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977); In the Interest of D.D., Fla.App., 564 So.2d 1224, 1225 (1990).
discussed
Cited "see, e.g."
Clark v. Tansy
Davis v. United States, 417 U.S. 333, 342 , 94 S.Ct. 2298, 2303 , 41 L.Ed.2d 109 (1974); see also Chapman v. United States, 547 F.2d 1240, 1242-43 (5th Cir.) (reviewing habeas claim that prosecution’s reference to defendant’s post-arrest silence during trial violated his due process rights despite adverse decision on direct appeal), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
cited
Cited "see, e.g."
National Bank of Washington v. Mallery
See Fed.R.Civ.P. 17(b); see also Day v. Avery, 548 F.2d 1018 (D.C.Cir.1976), cert. denied, 431 U.S. 908 , *26 97 S.Ct. 1706 , 52 L.Ed.2d 394 (1977).
discussed
Cited "see, e.g."
State v. Rogers
See, also, Chapman v. United States (C.A.5, 1976), 547 F. 2d 1240, 1248 , certiorari denied (1977), 431 U.S. 908 ; Martin v. Foltz (C.A.6, 1985), 773 F. 2d 711, 715 ; United States v. Disbrow (C.A.8, 1985), 768 F. 2d 976, 980 ; United States v. Ortiz (C.A.9, 1985), 776 F. 2d 864, 865 ; United States v. Remigio (C.A.10, 1985), 767 F. 2d 730, 735 ; United States v. Ruz-Salazar (C.A.11, 1985), 764 F. 2d 1433, 1437 .
cited
Cited "see, e.g."
United States v. Merlin H. Suggs
See, e.g., Chapman v. United States, 547 F.2d 1240, 1248 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977); Sullivan v. Alabama, 666 F.2d 478, 485 (11th Cir.1982).
discussed
Cited "see, e.g."
United States v. Rollie Blankenship
See, e.g., Chapman v. United States, 547 F.2d 1240, 1248 (5th Cir.) (“We agree ... that the harmless error doctrine is applicable to the kind of constitutional violation at issue in Doyle.”), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
cited
Cited "see, e.g."
United States v. Harold Wayne Mason
See also Chapman v. United States, 547 F.2d 1240 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
discussed
Cited "see, e.g."
Brawer v. United States
See also Chapman v. United States, 547 F.2d 1240 (5th Cir.), cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977) (harmless error where use of two uncounseled convictions is merely cumulative to evidence of four valid convictions); Thomas v. Savage, 513 F.2d 536 (5th Cir. 1975), cert. denied, 424 U.S. 924 , 96 S.Ct. 1135 , 47 L.Ed.2d 333 (1976) (use of one uncounseled conviction for purpose of sentence harmless where four valid convictions were in evidence and co-defendants received similar sentences); United States v. Faulkenberry, 472 F.2d 879 (9th Cir.), cert. denied, 411 U.S.…
discussed
Cited "see, e.g."
United States v. Orange Jell Beechum
(2×)
See Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); See also Chapman v. United States, 547 F.2d 1240, 1247-50 (5th Cir.), Cert. denied, 431 U.S. 908 , 97 S.Ct. 1705 , 52 L.Ed.2d 393 (1977).
Retrieving the full opinion text from the archive…
Spanier
v.
United States
v.
United States
No. 76-6501.
Supreme Court of the United States.
May 2, 1977.
Published
Citer courts: S.D. New York (1)
C. A. 9th Cir. Certiorari denied.