green
Positive treatment
Quoted verbatim 2×
7.6 score
G Cite
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Santee Kimes v. United States
must shoulder the burden of showing, not merely that the errors at his trial created a possibility of prejudice, but that they worked to his actual and substantial disadvantage
discussed
Cited as authority (quoted)
Century Federal, Inc. v. City of Palo Alto, Cal.
a city needs control over the number of times its citizens must bear the inconvenience of having its streets dug up and the best times for it to occur.
cited
Cited "see"
Butler v. Alabama Judicial Inquiry Commission
See Community Communications Co., Inc., v. City of Boulder, Colo., 660 F.2d 1370 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982). 8 .
discussed
Cited "see"
Langston v. United States
See United States v. Frady, 456 U.S. 152, 162-68 , 102 S.Ct. 1584 , 71 L.Ed.2d 816 , reh’g denied 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982); United States v. Essig, 10 F.3d 968, 979 (3rd Cir.1993).
discussed
Cited "see"
United States v. Fernandez
He did not object to the _______ _____ majority of statements he now points to as violating his due process rights: we review those for plain error, as "[r]eviewing courts are very reluctant to reverse for unobjected-to errors that could have been corrected or ameliorated by timely objection." United States v. Procopio, Nos. 95-1549, -1559, - _____________ ________ 1550, slip op. at 25 (1st Cir. July 9, 1996); see Arrieta- ___ ________ Agressot, 3 F.3d at 528 (explaining rationale behind applying ________ plain error review). "[T]he plain-error exception is to be 'used sparingly, solely in tho…
discussed
Cited "see"
United States v. Fernandez
He did not object to the majority of statements he now points to as violating his due process rights: we review those for plain error, as "[r]eviewing courts are very reluctant to reverse for unobjected-to errors that could have been corrected or ameliorated by timely objection." United States v. Procopio, Nos. 95-1549, -1559, -1550, slip op. at 25 (1st Cir. July 9, 1996); see Arrieta-Agressot, 3 F.3d at 528 (explaining rationale behind applying plain error review). "[T]he plain-error exception is to be 'used sparingly, solely in those circumstances in which a miscarriage of justice would othe…
cited
Cited "see"
Fisher v. United States
See United States v. Frady, 456 U.S. 152 , 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982), reh’g. denied, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see"
Rhoden v. Morgan
See Engle v. Isaac, 456 U.S. 107 , 125 n. 28, 102 S.Ct. 1558 , 1569-70 n. 25, 71 L.Ed.2d 783 (1982), reh’g denied, 456 U.S. 1001 , 102 S.Ct. 2286 , 73 L.Ed.2d 1296 (1982), reh’g denied, 457 U.S. 1141 , 102 S.Ct, 2976 , 73 L.Ed.2d 1361 (1982); Meeks v. Bergen, 749 F.2d 322, 324 (6th Cir.1984).
discussed
Cited "see"
Cramer Products, Inc. v. International Comfort Products, Ltd.
See Community Communications Co. v. City of Boulder, 660 F.2d 1370, 1380 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 (1982) (relief pending litigation must be tailored narrowly to minimize irreparable harm to both sides and at the same time to permit meaningful grant of whatever permanent relief warranted). 28 Defendants next argue that the district court erred in ordering specific performance of the distribution agreement because plaintiff failed to establish that plaintiff had satisfied all of its obligations under the contract and, in particular, the "best efforts" provisions.
discussed
Cited "see"
Thomas Knight A/k/a, Askari Abdullah Muhammad v. Richard L. Dugger and Tom Barton
(2×)
See generally Engle v. Isaac, 456 U.S. 107 , 71 L.Ed.2d 783 , 102 S.Ct. 1558 , reh. den., [ 456 U.S. 1001 ] 73 L.Ed.2d 1296 , 102 S.Ct. 2283 [2286] reh. den. [ 457 U.S. 1141 ] 73 L.Ed.2d 1361 , 102 S.Ct. 2976 (1982); United States v. Frady, 456 U.S. 152 , 71 L.Ed.2d 816 , 102 S.Ct. 1584 (1982); Wainwright v. Sykes, 433 U.S. 72 [ 53 L.Ed.2d 594 ] 97 S.Ct. 2497 (1977); Washington v. Estelle, 648 F.2d 276 (5th Cir.1981), cert. denied, [ 454 U.S. 899 , 74 L.Ed.2d 216 ] 102 S.Ct. 402 .
discussed
Cited "see"
Pacific West Cable Co. v. City of Sacramento, Cal.
See Community Communications Co. v. City of Boulder, 660 F.2d 1370, 1377 (10th *1333 Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982); Omega Satellite Products Co. v. City of Indianapolis, 694 F.2d 119, 127-28 (7th Cir.1982); Berkshire Cablevision of Rhode Island v. Burke, 571 F.Supp. 976, 984 (D.R.I.1983), vacated as moot, 773 F.2d 382 (1st Cir.1985).
discussed
Cited "see"
State v. Cooper
(2×)
See Godfrey v. Georgia, 248 Ga. 616 , 284 S.E.2d 422 (1981), cert. denied, 456 U.S. 919 , 102 S.Ct. 1778 , 72 L.Ed.2d 180 (1982), reh’g denied, 456 U.S. 1001 , 102 S.Ct. 2286 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see"
MacDonald/Associates, Inc. v. Stillwagon (In Re MacDonald/Associates, Inc.)
See Community Communications v. City of Boulder, 660 F.2d 1370 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982); William Inglis & Sons Baking Co. v. ITT Continental Baking Co., 526 F.2d 86 (9th Cir.1975).
cited
Cited "see"
State v. Williams
See United States v. Frady, 456 U.S. 152 , 71 L.Ed. 2d 816 , 102 S.Ct. 1584 , reh’g denied, 456 U.S. 1001 , 73 L.Ed. 2d 1296 , 102 S.Ct. 2287 (1982).
cited
Cited "see"
Berkshire Cablevision of Rhode Island, Inc. v. Burke
See Community Communications v. City of Boulder, Colorado, 660 F.2d 1370 , 1378 n. 9, 1379 (10th Cir.1981), petition for cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see"
People v. Davis
(2×)
In Swain , the Supreme Court held that, in a particular case, the prosecutor may constitutionally exercise his peremptory challenges to eliminate blacks from the jury. ( 380 U.S. 202, 223 , 13 L.Ed.2d 759, 774 , 85 S. Ct, 824, 837 ; accord, People v. Gaines (1981), 88 Ill.2d 342, 358 , cert. denied (1982), 456 U.S. 1001 , 73 L.Ed.2d 1295 , 102 S.Ct. 2285 ; Commonwealth v. Henderson (1981), 497 Pa. 23 , 438 A.2d 951 .) Only a systematic and purposeful exclusion of blacks from the jury, "in case after case," raises a question under the fourteenth amendment. ( Swain v. Alabama (1965), 380 U.S. 20…
cited
Cited "see"
People v. Turner
See People v. Gaines (1981), 88 Ill. 2d 342 , 430 N.E.2d 1046 , cert. denied (1982), 456 U.S. 1001 , 73 L.
discussed
Cited "see, e.g."
Gotti v. United States
Whitaker v. Meachum, 123 F.3d 714, 716 (2d Cir.1997) (citing, inter alia, Walker v. Johnston, 312 U.S. 275, 286 , 61 S.Ct. 574 , 85 L.Ed. 830 (1941)); see also United States v. Frady, 456 U.S. 152, 166 , 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982), reh’g denied, 456 U.S. 1001 , 102 S.Ct. 2287 , *92 73 L.Ed.2d 1296 (“We reaffirm the well-settled principle that to obtain collateral relief [under § 2255] a prisoner must clear a significantly higher hurdle than would exist on direct appeal.”).
cited
Cited "see, e.g."
Qwest Broadband Services, Inc. v. City of Boulder
See, e.g., Community Communications Co. v. City of Boulder, Colo., 660 F.2d 1370, 1377-78 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see, e.g."
Bishop & Co. v. Cuomo
A showing of irreparable harm, considered by some courts as “perhaps the single most important prerequisite for the issuance of a preliminary injunction,” Bell & Howell: Mamiya Co. v. Masel Supply Co. Corp., 719 F.2d 42 (2d Cir.1983); see American Credit Indemnity Co. v. Sacks, 262 Cal.Rptr. 92 , 213 Cal.App.3d 622 (1989); see also Community Communications Co. v. City of Boulder, 660 F.2d 1370 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982), has been consistently required.
discussed
Cited "see, e.g."
Chicago Cable Communications v. Chicago Cable Commission
We adhere to our position that "there are enough differences between cable television and the non-television media to allow more government regulation of the former." Omega Satellite Prod. v. City of Indianapolis, 694 F.2d 119, 128 (7th Cir.1982); see also Community Communications Corp. v. City of Boulder, 660 F.2d 1370, 1377-1380 (10th Cir.1981), certiorari dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982), where the court noted that as to cable television "government must have some authority * * * to see to it that optimum use is made of the cable medium in the public intere…
discussed
Cited "see, e.g."
Chicago Cable Communications v. Chicago Cable Commission
We adhere to our position that “there are enough differences between cable television and the non-television media to allow more government regulation of the former.” Omega Satellite Prod. v. City of Indianapolis, 694 F.2d 119, 128 (7th Cir.1982); see also Community Communications Corp. v. City of Boulder, 660 F.2d 1370, 1377-1380 (10th Cir.1981), certiorari dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982), where the court noted that as to cable television “government must have some authority * * * to see to it that optimum use is made of the cable medium in the public …
discussed
Cited "see, e.g."
Hoover v. State
See also United States v. Frady, 456 U.S. 152 , 102 S.Ct. 1584 , 71 L.Ed.2d 816 , reh. den., 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982), error "so `plain' that the trial judge and prosecutor were derelict in countenancing it, even absent the defendant's timely assistance in detecting it"; Screws v. United States, 325 U.S. 91 , 65 S.Ct. 1031 , 89 L.Ed. 1495 (1945), error "so fundamental as not to submit to the jury the essential ingredients of the only offense on which the conviction could rest"; Brown v. State of Mississippi, 297 U.S. 278 , 56 S.Ct. 461 , 80 L.Ed. 682 (1936), erro…
cited
Cited "see, e.g."
American Civil Liberties Union v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. Cable Television Access Coalition, Inc. v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. National League of Cities v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. National Federation of Local Cable Programmers v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. City of New York v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. Guam Cable Tv v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. County of Contra Costa, California v. Federal Communications Commission and United States of America, Tele-Communications, Inc., Intervenors. Yakima Valley Cablevision, Inc. v. Federal Communications Commission and United States of America, Board of Supervisors of Fairfax County, Va, Cities of Sunnyside and Grandview, Wash. And City of Southfield, Michigan, National Cable Television Association, Inc., Centel Corporation, Intervenors. Connecticut Cable Television Association, Inc. v. Federal Communications Commission and United States of America, National Cable Television Association, Inc., Centel Corporation, Intervenors
See, e.g., Community Communications Co. v. City of Boulder, 660 F.2d 1370, 1377-78 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
cited
Cited "see, e.g."
American Civil Liberties Union v. Federal Communications Commission
See, e.g., Community Communications Co. v. City of Boulder, 660 F.2d 1370, 1377-78 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see, e.g."
Koerpel v. Heckler
See also, Kenai Oil and Gas, Inc. v. Department of Interior, 671 F.2d 383 , 385 (10th Cir.1982) and Community Communications v. City of Boulder, Colo., 660 F.2d 1370, 1375 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982). 48 Whenever the first three requirements are met this modified version of the "success on the merits" test must be applied.
discussed
Cited "see, e.g."
Koerpel v. Heckler
See also, Kenai Oil and Gas, Inc. v. Department of Interior, 671 F.2d 383, 385 (10th Cir.1982) and Community Communications v. City of Boulder, Colo., 660 F.2d 1370, 1375 (10th Cir.1981), cert. dismissed, 456 U.S. 1001 , 102 S.Ct. 2287 , 73 L.Ed.2d 1296 (1982).
discussed
Cited "see, e.g."
People v. Wright
(2×)
(People v. Madej (1985), 106 Ill. 2d 201, 211-12 ; see also People v. Gaines (1981), 88 Ill. 2d 342, 372-74 , cert. denied (1982), 456 U.S. 1001 , 73 L.
Retrieving the full opinion text from the archive…
Gaines
v.
Illinois
v.
Illinois
No. 81-6323.
Supreme Court of the United States.
May 24, 1982.
Brennan, Marshall.
Cited by 4 opinions | Published
Citer courts: Ninth Circuit (1) · N.D. California (1)
Lead Opinion
Sup. Ct. Ill. Certiorari denied.
Dissent
Justice Brennan and Justice Marshall,
dissenting.
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.