green
Positive treatment
Quoted verbatim 1×
6.9 score
G Cite
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Yunis
See, e.g., United States v. Shaw, 701 F.2d 367, 380 (5th Cir.1983), cert. denied, 465 U.S. 1067 , 104 S.Ct. 1419 , 79 L.Ed.2d 744 (1984); United States v. Mohabir, 624 F.2d 1140, 1148 (2d Cir.1980); but cf. Pittman v. Black, 764 F.2d 545, 547 (8th Cir.), cert. denied, 474 U.S. 982 , 106 S.Ct. 389 , 88 L.Ed.2d 341 (1985).
examined
Cited as authority (quoted)
Ellison v. State
we will not undercut right to appeal ... by prematurely assessing the merits of his appeal in a collateral proceeding. if conviction were overturned on appeal, post-conviction evidence ... might be used against him
discussed
Cited "see"
People v. Simmons
Although collateral estoppel is rooted in civil litigation, it also applies in criminal prosecutions; however, the Court of Appeals has cautioned that the doctrine is not to be applied as liberally or "mechanically" as in civil cases because "countervailing policies . . . may at times outweigh the otherwise sound reasons for preventing repetitive litigation to the greatest extent possible" ( People v Aguilera , 82 NY2d 23, 29-30 [1993] [internal quotation marks omitted]; see People v Sailor , 65 NY2d 224 [*3], 228-229 [1985] [court appropriately declined to give preclusive effect to prior pers…
discussed
Cited "see"
People v. Prindle
Contrary to defendant’s further contention, “[i]t is settled law that the sentencing of a defendant as a persistent felony offender . . . does not implicate the protections embodied in the Double Jeopardy Clauses of the Federal and State Constitutions” (Pe ople v Pelkey, 294 AD2d 669, 670 [2002], lv denied 98 NY2d 771 [2002]; see People v Sailor, 65 NY2d 224 , 226-227 [1985], cert denied 474 US 982 [1985]; see also Monge v California, 524 US 721, 728-729 [1998]).
discussed
Cited "see"
PRINDLE, MICHAEL E., PEOPLE v
Contrary to defendant’s further contention, “[i]t is settled law that the sentencing of a defendant as a persistent felony offender -2- 659 KA 11-01818 . . . does not implicate the protections embodied in the Double Jeopardy Clauses of the Federal and State Constitutions” (People v Pelkey, 294 AD2d 669, 670 , lv denied 98 NY2d 771 ; see People v Sailor, 65 NY2d 224 , 226-227, cert denied 474 US 982 ; see also Monge v California, 524 US 721, 728-729 ).
discussed
Cited "see"
People v. Prindle
Contrary to defendant’s further contention, “[i]t is settled law that the sentencing of a defendant as a persistent felony offender . . . does not implicate the protections embodied in the Double Jeopardy Clauses of the Federal and State Constitutions” (Pe ople v Pelkey, 294 AD2d 669, 670 [2002], lv denied 98 NY2d 771 [2002]; see People v Sailor, 65 NY2d 224 , 226-227 [1985], cert denied 474 US 982 [1985]; see also Monge v California, 524 US 721, 728-729 [1998]).
discussed
Cited "see"
People v. Redden
The hearsay evidence concerning defendant’s uncharged criminal conduct was properly considered by the court in determining defendant’s status as a persistent felony offender inasmuch as “[m]atters pertaining to the defendant’s history and character and the nature and circumstances of his criminal conduct may be established by any relevant evidence, not legally privileged, regardless of admissibility under the exclusionary rules of evidence” (CPL 400.20 [5]; see People v Sailor, 65 NY2d 224 , 235 [1985], cert denied 474 US 982 [1985]; People v Yung, 162 AD2d 874, 876 [1990], lv denied…
discussed
Cited "see"
Wiley v. Mayor And City Council Of Baltimore
See Taylor v. Best, 746 F.2d 220, 224-25 (4th Cir.1984), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 340 (1985). 19 Decisions from the Fifth and Eleventh Circuits are in accord with this view.
cited
Cited "see"
Wiley v. Mayor of Baltimore
See Taylor v. Best, 746 F.2d 220, 224-25 (4th Cir.1984), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 340 (1985).
discussed
Cited "see"
United States v. Reese
See United States v. Dise, 763 F.2d 586, 592 (3d Cir.) (noting that the “superficially conflicting mandates of Screws are reconciled by the Court’s recognition that willfulness encompasses ‘reckless disregard of a constitutional requirement’”), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 341 (1985).
discussed
Cited "see"
United States v. Juan Dale Reese, United States of America v. Scott Matthew Dwyer, United States of America v. Daniel Wayne Broussard, United States of America v. Larry Marcel Houston
See United States v. Dise, 763 F.2d 586, 592 (3d Cir.) (noting that the "superficially conflicting mandates of Screws are reconciled by the Court's recognition that willfulness encompasses 'reckless disregard of a constitutional requirement' "), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 341 (1985).
discussed
Cited "see"
Miller v. State of Texas
(2×)
See Preston v. State, 675 S.W.2d 598, 600-601 (Tex.App.—Dallas 1984, pet. ref’d), cert. denied, 474 U.S. 982 , 106 S.Ct. 389 , 88 L.Ed.2d 341 (1985).
discussed
Cited "see"
Sailor v. Scully
(2×)
See Sailor v. New York, 474 U.S. 982 , 106 S.Ct. 387 , 88 L.Ed.2d 340 (1985) We note too that the Supreme Court did agree to review the contrary decision on a similar issue.
discussed
Cited "see"
Correll v. Commonwealth
Rather, it was a statement that “evinced a willingness and a desire for a generalized discussion about the investigation.” Id. at 1045-46 ; see Pittman v. Black, 764 F.2d 545, 547 (8th Cir.), cert. denied, 474 U.S. 982 (1985) (defendant initiated discussions by asking officers if it appeared he was being blamed by other suspects); United States v. Obregon, 748 F.2d 1371, 1380-81 (10th Cir. 1984) (communications initiated by defendant who asked agent what would happen to him if he told the agent what she wanted to know); United States v. Pearson, 746 F.2d 787, 792-93 (11th Cir. 1984) (defen…
discussed
Cited "see, e.g."
Lile v. McKune
See e.g., Taylor v. Best, 746 F.2d 220, 222 (4th Cir.1984) (privilege against self-incrimination applies to questioning about the charged offense while the declarant's appeal from that conviction is pending), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 340 (1985).
discussed
Cited "see, e.g."
People v. Green
Defendant did not controvert the convictions, and his unsupported assertion that he was not incarcerated during all of the times alleged by the People was not a "clearly articulated challenge” to a particular allegation (People v Jones, 183 AD2d 471 , lv denied 80 NY2d 896 ; see also, People v Sailor, 65 NY2d 224 , 235, cert denied 474 US 982 ).
discussed
Cited "see, e.g."
Georgia Henson v. John Florez, Robert Kinoshita, and Joe Cuccia
See, e.g., Taylor v. Best, 746 F.2d 220, 225 (4th Cir.1984), cert. denied, 474 U.S. 982 (1985); Barry v. City of New York, 712 F.2d 1554, 1558-59 (2d Cir.), cert. denied, 464 U.S. 1017 (1983); Fadjo v. Coon, 633 F.2d 1172, 1175-76 (5th Cir.1981); Westinghouse, 638 F.2d at 576-79 .
discussed
Cited "see, e.g."
Williams v. Moore
That determination, therefore, was not "sufficiently final to be accorded collateral estoppel effect” in the instant action (People v Howard, 152 AD2d 325, 329 ; see also, People v Sailor, 65 NY2d 224 , 229, cert denied 474 US 982 ; Matter of McGrath v Gold, 36 NY2d 406 ; People v Sweeper, 127 AD2d 507, 509 ).
discussed
Cited "see, e.g."
United States v. Robert Earl Sanders
Id.; see also United States v. Hemphill, 767 F.2d 922 (6th Cir.) (unpublished table opinion available on Westlaw), cert. denied, 474 U.S. 982 , 106 S.Ct. 388 , 88 L.Ed.2d 340 (1985) (holding that it was reasonable for officers to require suspects to lie on the ground and to handcuff the suspects during an investigatory detention). 43 . 545 F.2d 217 (D.C.Cir.1976). 44 .
discussed
Cited "see, e.g."
People v. Davis
The applicable statute provides that "[ujncontroverted allegations in the statement shall be deemed to have been admitted by the defendant” (CPL 400.21 [3]; see also, People v Sailor, 65 NY2d 224 , cert denied 474 US 982 ).
Retrieving the full opinion text from the archive…
Brown
v.
Newsome, Superintendent, Georgia State Prison
v.
Newsome, Superintendent, Georgia State Prison
No. 85-5117.
Supreme Court of the United States.
Nov 12, 1985.
Published
Citer courts: Court of Appeals of Maryland (1)
C. A. 11th Cir. Certiorari denied.