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Positive treatment
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7.7 score
“missouri v. now”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 31 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
National Organization For Women, Inc. v. Scheidler
missouri v. now
discussed
Cited "see"
People v. Wells
Action influenced by EED need not be spontaneous, but may be a significant mental trauma that “has affected a defendant’s mind for a substantial period of time, simmering in the unknowing subconscious and then inexplicably coming to the fore” (People v Patterson, 39 NY2d 288, 303 [1976], affd 432 US 197 [1977]; see People v Casassa, 49 NY2d 668, 676 [1980], cert denied 449 US 842 [1980]).
discussed
Cited "see"
People v. Wells
Action influenced by EED need not be spontaneous, but may be a significant mental trauma that “has affected a defendant’s mind for a substantial period of time, simmering in the unknowing subconscious and then inexplicably coming to the fore” (People v Patterson, 39 NY2d 288, 303 [1976], affd 432 US 197 [1977]; see People v Casassa, 49 NY2d 668, 676 [1980], cert denied 449 US 842 [1980]).
discussed
Cited "see"
Gora v. City of Ferndale
(2×)
also: Cited "see, e.g."
Accord Song v Elyria, Ohio, 985 F2d 840, 843 (CA 6, 1993), Oriental Health Spa v Fort Wayne, 864 F2d 486, 490 (CA 7, 1988), Mini Spas v South Salt Lake City, 810 F2d 939 (CA 10, 1987), Pollard v Cockrell, 578 F2d 1002, 1010-1011 (CA 5, 1978), Tomlinson v Savannah, 543 F2d 570, 571 (CA 5, 1976), Colorado Springs Amusements, Ltd v Rizzo, 524 F2d 571, 576 (CA 3, 1975), cert den 428 US 913 (1976), Clampitt v Fort Wayne, 682 F Supp 401 (ND Ind, 1988), Wigginess, Inc v Fruchtman, 482 F Supp 681, 687-689 (SD NY, 1979), aff'd 628 F2d 1346 (CA 2, 1980), cert den 449 US 842 (1980), Techtow v City Counci…
discussed
Cited "see"
People v. Carr
The jury was entitled to conclude that the excuse offered for defendant’s emotional state "was so unreasonable under the circumstances that it did not warrant mitigation” (People v Ludwigsen, 159 AD2d 591, 592 , lv denied 76 NY2d 738 ; see, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see"
People v. Infante
It was defendant’s burden to prove by a preponderance of the evidence (People v Moye, 66 NY2d 887, 889 ) that he in fact acted under extreme emotional disturbance for which there was a reasonable explanation or excuse (Penal Law § 125.25 [1] [a]; see generally, People v Casassa, 49 NY2d 668, 677-680 , cert denied 449 US 842 ).
cited
Cited "see"
Delgado v. Walker
See People v. Casassa, 40 N.Y.2d 668, 678-679 , 427 N.Y.S.2d 769, 775 , 404 N.E.2d 1310, 1315-16 , cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
cited
Cited "see"
Matter of Estate of Weidman
See State v. Simmons, 290 N.W.2d 589, 594 (Iowa), cert. denied, 449 U.S. 842 , 101 S.Ct. 123 , 66 L.Ed.2d 50 (1980); In re Estate of Hoover, 251 N.W.2d 529, 531 (Iowa 1977).
discussed
Cited "see"
People v. Platten
Moreover, as the suppression court correctly concluded, nei ther the District Attorney nor any police officer was guilty of any "pattern of isolation and trickery designed to keep the defendant from obtaining counsel” (People v Fuschino, 59 NY2d 91, 100 ; see, People v Casassa, 49 NY2d 668, 681-682, cert denied 449 US 842 ; People v Garofolo, 46 NY2d 592 ; People v Bevilacqua, 45 NY2d 508, 514 ; People v Pinzon, 44 NY2d 458, 464; People v Kern, 149 AD2d 187, 217-218 , affd 75 NY2d 638 , cert denied — US —, 111 S Ct 77 ; People v Lewis, 160 AD2d 815, 817 , lv dismissed 76 NY2d 738 ; Peopl…
discussed
Cited "see"
Federal Trade Commission v. Superior Court Trial Lawyers Ass'n
(2×)
See Missouri v. National Organization for Women, Inc., 620 F. 2d 1301, 1304, n. 5 (CA8), cert. denied, 449 U. S. 842 (1980); Note, 80 Colum.
cited
Cited "see"
United States v. Marc R. Shapiro
See United States v. Bronstein, 623 F.2d 1327, 1329 (9th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980); United States v. Arnett, 628 F.2d 1162, 1164 (9th Cir.1979).
cited
Cited "see"
United States v. Billy Arnold Clark
See United States v. Bronstein, 623 F.2d 1327, 1330 (9th Cir.1980), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
discussed
Cited "see"
United States v. Allen Januszewski
See United States v. Bronstein, 623 F.2d 1327 (9th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980) (violation of plea agreement considered on Rule 35 motion to correct sentence); cf. United States v. Corsentino, 685 F.2d 48, 49-51 (2d Cir.1982) (considering merits of appeal from denial of Rule 35 motion, treated as section 2255 motion).
cited
Cited "see"
United States v. Thomas Travis
See United States v. Bronstein, 623 F.2d 1327, 1330 (9th Cir.1980), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
discussed
Cited "see"
Coastal States Marketing, Inc. And Valero Energy Corporation, Cross-Appellees v. Nelson Bunker Hunt, Cross-Appellants
See generally Missouri v. National Org. for Women, Inc., 620 F.2d 1301, 1304-09 (8th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 49 (1980) (discussion of legislative history as it relates to petitioning immunity). 22 .
cited
Cited "see"
United States v. Joseph Corsentino
See United States v. Bronstein, 623 F.2d 1327 , 1330 n.9 (9th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
discussed
Cited "see, e.g."
State v. Parris
See State v. Kaddah, 250 Conn. 563, 580 , 736 A.2d 902 (1999) (‘‘[t]he [trial court’s] reference to an ‘event’ as a cause and the long, sim- mering nature of such [an emotional] disturbance . . . removed any possibility that the jury mistakenly would believe that the victim, rather than the circumstances, contemporaneously must have caused the defendant’s disturbance for the defense of extreme emotional dis- turbance to apply’’ (emphasis in original)); see also People v. Casassa, 49 N.Y.2d 668 , 679 n.2, 404 N.E.2d 1310 , 427 N.Y.S.2d 769 (‘‘[w]e emphasize that [the extreme…
discussed
Cited "see, e.g."
People v. Alves
On this record, the jury was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456 ; People v Ayala, 221 AD2d 457 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
No. 98-6004
See, e.g., State of Missouri v. National Organization of Women, 620 F.2d 1301, 1317 (8th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 49 (1980) (boycott campaign of NOW against states not ratifying the ERA was neither tortious nor prohibited by the Sherman Act because 'the right to petition is of such importance that it is not an improper interference even where exercised by way of a boycott'); Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361, 1369 (Colo.1984) (Noerr-Pennington analysis applicable to suit for abuse of process and civil conspiracy); Rudo…
discussed
Cited "see, e.g."
Cheminor Drugs, Ltd. v. Ethyl Corp.
See, e.g., State of Missouri v. National Organization of Women, 620 F.2d 1301, 1317 (8th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 49 (1980) (boycott campaign of NOW against states not ratifying the ERA was neither tor-tious nor prohibited by the Sherman Act because ‘the right to petition is of such importance that it is not an improper interference even where exercised by way of a boycott’); Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361, 1369 (Colo.1984) (Noerr-Pennington analysis applicable to suit for abuse of process and civil conspiracy);…
discussed
Cited "see, e.g."
Cheminor Drugs v. Ethyl Corp
See, e.g., State of Missouri v. National Organization of Women, 620 F.2d 1301, 1317 (8th Cir.), cert. denied, 449 U.S. 842 (1980) (boycott campaign of NOW against states not ratifying the ERA was neither tortious nor prohibited by the Sherman Act because `the right to petition is of such importance that it is not an improper interference even where exercised by way of a boycott'); Protect our Mountain Environment, Inc. v. District Court, 677 P.2d 1361, 1369 (Colo. 1984) (Noerr-Pennington analysis applicable to suit for abuse of process and civil conspiracy); Rudoff v. Huntington Symphony Orche…
discussed
Cited "see, e.g."
People v. Valero
On this record, the trial court, acting as finder of fact, was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456 ; People v Ayala, 221 AD2d 457 ; People v David, 143 AD2d 1031 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Bello
The jury was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456; People v Ayala, 221 AD2d 457 ; People v David, 143 AD2d 1031 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Rosato
Thus, the suppression court properly denied defendant’s motion to suppress his postarrest statement made after he twice had been apprised of his Miranda rights and voluntarily agreed to waive those rights (see, People v Daly, supra, at 874; People v Matus, supra, at 465 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Shegog
Defendant must show that he did act under the influence of extreme emotional disturbance and that there was a reasonable explanation or excuse for the emotional disturbance (People v Moye, supra, at 890 ; see also, People v Casassa, 49 NY2d 668, 678-679 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Torres
Although the evidence proffered by the defendant at trial sufficed to meet the threshold requirement that she acted under the influence of extreme emotional disturbance, the jury could reasonably have determined that she failed to establish her further burden of showing a reasonable explanation or excuse for the emotional disturbance (see, People v Rosado, 128 AD2d 905 ; see also, People v Casassa, 49 NY2d 668, 681 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
BROWNSVILLE GOLDEN AGE NURSING HOME, INC., Appellant, v. Joann WELLS, Paula Snyder, Joyce McNamara and John Heinz
See, e.g., State of Missouri v. National Organization of Women, 620 F.2d 1301, 1317 (8th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 49 (1980) (boycott campaign of NOW against states not ratifying the ERA was neither tortious nor prohibited by Sherman Act because “the right to petition is of such importance that it is not an improper interference even where exercised by way of a boycott”); Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361, 1369 (Colo.1984) (Noerr-Pennington analysis applicable to suit for abuse of process and civil conspiracy); Rudo…
cited
Cited "see, e.g."
Hideca Petroleum Corp. v. Tampimex Oil International, Ltd.
See, e.g., In re Chrome Plate, Inc., 614 F.2d 990 (5th Cir.), cert. denied, 449 U.S. 842 , 101 S.Ct. 123 , 66 L.Ed.2d 50 (1980); Sagebrush Sales Co. v. Strauss, 605 S.W.2d 857 (Tex.1980).
cited
Cited "see, e.g."
State v. Dumlao
See also People v. Casassa, 49 N.Y.2d 668 , 427 N.Y.S.2d 769 , 404 N.E.2d 1310 , cert denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
cited
Cited "see, e.g."
Allen v. State
See also Allen v. State , 380 So.2d 313 , 328 (Ala.Cr.App. 1979), cert. denied, *Page 331 380 So.2d 341 (Ala. 1980), cert. denied, 449 U.S. 842 , 101 S.Ct. 121 , 66 L.Ed.2d 49 (1980).
discussed
Cited "see, e.g."
People v. Cruickshank
This is, of course, a correct statement of the law for the Legislature has specifically provided that “[t]he fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree” (Penal Law, § 125.20, subd 2 [emphasis added]; see, also, People v Casassa, 49 NY2d 668, 680 , cert den 449 US 842 ; 1 Callaghan, Law in New York [3d ed], § 18:18, pp 31-34).
Retrieving the full opinion text from the archive…
Allen
v.
Alabama
v.
Alabama
No. 79-2035.
Supreme Court of the United States.
Oct 6, 1980.
Cited by 2 opinions | Published
Citer courts: Seventh Circuit (1)
Ct. Crim. App. Ala. Certiorari denied.