green
Positive treatment
4.8 score
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited "see"
MCI Telecommunications Corporation v. Federal Communications Commission United States of America, Sprint Communications Company, L.P., Intervenors
See MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, 93 FCC 2d 241 (1988) (Access Order), modified on recon., 97 FCC 2d 682 (1983), modified on further recon., 97 FCC 2d 834 (1984), aff'd in principal part and remanded in part, Nat’l Ass’n of Regulatory Utility Comm’rs v. FCC, 737 F.2d 1095 (D.C.Cir.1984), cert. denied, 469 U.S. 1227 , 105 S.Ct. 1224 , 84 L.Ed.2d 364 (1985), modified on further recon., 99 FCC 2d 708 (1984), aff'd, American Tel. and Tel.
examined
Cited "see"
Simpson v. United States
(4×)
See Rogers v. United States, 483 A.2d 277, 285-86 (D.C.1984), cert. denied, 469 U.S. 1227 , 105 S.Ct. 1223 , 84 L.Ed.2d 363 (1985).
discussed
Cited "see"
Sumner v. Shuman
(2×)
See People v. Smith, 63 N. Y. 2d 41, 468 N. E. 2d 879 (1984), cert. denied, 469 U. S. 1227 (1985); State v. Cline, 121 R.
discussed
Cited "see, e.g."
Blaine v. International Business Machines Corp.
Nevertheless, the potential jury pool contained more than 67,000 people, leaving plenty to choose from even with all of the potential disqualifications. 3 Thus, the court did not abuse its discretion in denying defendant’s motion without prejudice to renew at the close of voir dire, thereby permitting the parties to make a reasonable attempt at selecting an impartial jury (see DeBolt v Barbosa, 280 AD2d at 823-824 ; see also People v Smith, 63 NY2d 41, 69 [1984], cert denied 469 US 1227 [1985]).
discussed
Cited "see, e.g."
DeBolt v. Barbosa
As is commonplace in the criminal arena, a change of venue motion made on the day of trial should be denied (especially where, as here, it is wholly unsupported by affidavits or other written documentation) until an actual attempt has been made to impanel an impartial jury from those potential jurors then present in the courthouse, with that process being transcribed (see, e.g., Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11 A, CPL 230.20, at 195; see, e.g., People v Smith, 63 NY2d 41, 69 , cert denied 469 US 1227 ; People v Boudin, 87 AD2d 133 ; see also, Wiedemann v Sm…
discussed
Cited "see, e.g."
People v. Baxley
Thus, that portion of defendant’s motion does not fall within any exception to the general rule that the power to vacate a criminal conviction and grant a new trial for newly discovered evidence rests within the unlimited discretion of the lower courts and is, thus, beyond review by this Court (see, People v Brown, 56 NY2d 242, 246; People v Crimmins, 38 NY2d 407, 415 ; see also, People v Smith, 63 NY2d 41, 66, n 4 , cert denied 469 US 1227 ).
discussed
Cited "see, e.g."
Town of Lake George v. Dehaan
The record fails to suggest that the Justice abused his discretion in refusing to recuse himself on his own initiative (see, Incorporated Vil. of Babylon v Anthony’s Water Cafe, 137 AD2d 792, 795, appeal dismissed 72 NY2d 951 , lv denied 73 NY2d 703 ; see also, People v Smith, 63 NY2d 41, 68 , cert denied 469 US 1227 ).
discussed
Cited "see, e.g."
People v. Black
McCracken v Miller, 291 NY 55, 62 ; see also, People v Smith, 63 NY2d 41, 52 , cert denied 469 US 1227 ), the conviction is not against the weight of the evidence and should be affirmed (see, People v Bleakley, supra, at 495).
discussed
Cited "see, e.g."
People v. Swan
(2×)
This defendant could not be subjected to the death penalty on conviction of any of the crimes charged in this indictment (see, People v Davis, 43 NY2d 17 ; see also, People v Smith, 63 NY2d 41 , cert denied 469 US 1227 ).
discussed
Cited "see, e.g."
Crews v. United States
(2×)
See also Rogers v. United States, 483 A.2d 277, 287-90 (D.C. 1984), cert. denied, 469 U.S. 1227 , 105 S.Ct. 1223 , 84 L.Ed.2d 363 (1985). 12 .
Retrieving the full opinion text from the archive…
Simanonok
v.
Costle
v.
Costle
No. 84-6070.
Supreme Court of the United States.
Feb 19, 1985.
Published
C. A. 11th Cir. Certiorari denied.