green
Positive treatment
Quoted verbatim 2×
5.4 score
G Cite
cited 7× by 3 distinct cases ·
"Handley II"
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Lenwood Lewis White, United States of America v. Terry Joe Tucker, United States of America v. William Johnny Mason, Roger David Handley, David Lee Kelso, and Ray Winford Steele, United States of America v. William David Riccio, United States of America v. Ricky Lynn Creekmore, United States of America v. David Lee Kelso
handley ii
discussed
Cited "see"
Bell Atlantic Mobile, Inc. v. Department of Public Utility Control
See State v. Dupree, 196 Conn. 655, 660 , 495 A.2d 691 , cert. denied, 474 U.S. 951 , 106 S. Ct. 318 , 88 L.
discussed
Cited "see"
State v. Harrell
The state then contends that because a specific intent is not required to violate the felony murder and arson murder statutes; see State v. Dupree, 196 Conn. 655, 663 , 495 A.2d 691 , cert. denied, 474 U.S. 951 , 106 S. Ct. 318 , 88 L.
discussed
Cited "see"
State v. Mobley
Caldor’s, Inc. v. Bedding Barn, Inc., [ 177 Conn. 304, 314-15 , 417 A.2d 343 (1979)]. [T]he judiciary may not sit as a super-legislature to judge the wisdom or desirability of legislative policy determinations made in areas that neither affect fundamental rights nor proceed along suspect lines ... it is only the invidious discrimination, the wholly arbitrary act, which cannot stand consistently with the Fourteenth Amendment.” (Internal quotation marks omitted.) Blue Sky Bar, Inc. v. Stratford, 203 Conn. 14, 26-27 (1987); see State v. Dupree, 196 Conn. 655, 664 , 495 A.2d 691 , cert. denied…
discussed
Cited "see"
State v. Grullon
Further, “[p]enal statutes are to be construed strictly . . . and not extended by implication to create liability that the legislature did not purport to create.” State v. Hufford, 205 Conn. 386, 392 , 533 A.2d 866 (1987); see State v. Dupree, 196 Conn. 655, 660 , 495 A.2d 691 , cert. denied, 474 U.S. 951 , 106 S. Ct. 318 , 88 L.
cited
Cited "see"
State v. Hernandez
See State v. Dupree, 196 Conn. 655, 663 , 495 A.2d 691 , cert. denied, 474 U.S. 951 , 106 S. Ct. 318 , 88 L.
discussed
Cited "see, e.g."
People v. Johnson
Notwithstanding, our High Court has “decline [d] to adopt either the ‘aggregate’ or the ‘count-by-count’ approach * * * the presumption [of judicial vindictiveness] arises when there is not only opportunity but also a ‘reasonable likelihood’ that the longer sentence was the result of vindictiveness” (People v Young, supra at 179 ; see also, People v Miller, 65 NY2d 502 [1985], cert denied 474 US 951 [1985] [defendant must affirmatively establish “actual vindictiveness”]; United States v Goodwin, 457 US 368 [1982] [no presumption without “realistic likelihood” of impermi…
discussed
Cited "see, e.g."
Rose v. Golia
Therefore, judicial review of this claim is barred under CPL 210.30 (6) by virtue of the fact that this Court previously determined that the evidence adduced at the petitioner’s first trial under the instant indictment was legally sufficient to support the conviction (see, People v Rose, 223 AD2d 607 ; People v Shapiro, 117 AD2d 688 ; see also, People v Miller, 65 NY2d 502 , cert denied 474 US 951 ).
discussed
Cited "see, e.g."
Connecticut v. Dyson
We have, however, previously stated that “a scienter requirement may mitigate a law’s vagueness, especially with respect to the adequacy of notice to the [defendant] that his conduct is proscribed.” (Internal quotation marks omitted.) State v. Indrisano, supra, 228 Conn. 803 ; see also State v. Dupree, 196 Conn. 655, 663 , 495 A.2d 691 , cert. denied, 474 U.S. 951 , 106 S. Ct. 318 , 88 L.
discussed
Cited "see, e.g."
People v. Rice
A court may not impose a more severe sentence after reversal of a conviction and a new trial unless it states the reason for doing so "based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding” (North Carolina v Pearce, 395 US 711, 726 ; see also, People v Miller, 65 NY2d 502 , 507-510, cert denied 474 US 951 ).
Retrieving the full opinion text from the archive…
Miller
v.
Elrod, Sheriff
v.
Elrod, Sheriff
No. 85-5388.
Supreme Court of the United States.
Nov 4, 1985.
Published
Citer courts: Eleventh Circuit (2)
C. A. 7th Cir. Certiorari denied.