green
Positive treatment
Quoted verbatim 1×
8.7 score
“kjnowledge and deliberate avoidance of knowledge are the same thing.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. William E. Miller, William L. Phillips, and Sherry J. Mitchell
(2×)
kjnowledge and deliberate avoidance of knowledge are the same thing.
cited
Cited "see"
Nolte v. Gibbs International, Inc.
See United States v. Ramsey, 785 F.2d 184 (7th Cir.1986), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986). 3 .
discussed
Cited "see"
United States v. Gregory L. Myers
(2×)
See United States v. Ramsey, 785 F.2d 184, 193 (7th Cir.) (“The sixth amendment does not come into play until after the suspect becomes ‘accused.’ There is therefore no right to counsel before the grand jury-”) (internal citation omitted), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986); United States v. Vasquez, 675 F.2d 16, 17 (2d Cir.1982) (“While the government’s investigation of Vasquez may have commenced when he was called before the grand jury for the first time, the fact that a person is the subject of 'an investigation is not enough to trigger his Sixt…
discussed
Cited "see"
David Lee Alexander v. Larry F. Taylor, Warden
See United States v. Terrenova, 785 F.2d 767, 770 (9th Cir.), cert. denied, 476 U.S. 1186 (1986), overruled on other grounds by United States v. Hardesty, 977 F.2d 1347, 1349 (9th Cir.1992) (en banc), cert. denied 113 S.Ct. 1429 (1993). 4 We note that while this appeal was pending, Alexander was released to a Community Corrections Center, and may no longer be subject to the jurisdiction of the Bureau of Prisons.
cited
Cited "see"
United States v. Howard Weldon Martin
See United States v. Morse, 785 F.2d 771, 774 (9th Cir.) (indictment not duplicitous where it charged but one single conspiracy), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 553 (1986).
discussed
Cited "see"
United States of America, Cross-Appellant v. Brett Alan Brinton, Cross-Appellee, United States of America, Cross-Appellant v. William John Brinton, Cross-Appellee
See United States v. Morse, 785 F.2d 771, 775 (9th Cir.) (reversal of conviction for variance required only if the substantial rights of the defendant were prejudiced), cert denied, 476 U.S. 1186 , and cert. denied 479 U.S. 861 (1986); United States v. Tarantino, 846 F.2d 1384, 1391 (D.C.Cir.1988) ("A variance between the allegations of the indictment and the proof at trial constitutes grounds for reversal only if the appellant proves (1) that the evidence at trial established facts materially variant from those alleged in the indictment, and (2) that the variance caused substantial prejudice.…
discussed
Cited "see"
United States v. Dennis G. Antzoulatos
See United *725 States v. Ramsey, 785 F.2d 184, 189-190 (7th Cir.1986) (collecting cases), certiorari denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 ; cf. United States v. Bader, 956 F.2d 708, 710 (7th Cir.1992) (construing the term knowingly in the Sentencing Guidelines to include more than “should have known” but noting the possibility of conscious avoidance).
discussed
Cited "see"
United States v. Miller
See United States v. Ramsey, 785 F.2d 184, 190 (7th Cir.1986) (“a person who has enough knowledge to prompt an investigation and then avoids further knowledge really does ‘know’ all that the law requires”) cer t. denied, McCreary v. United States, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986).
discussed
Cited "see"
Arizona v. Standard Oil Co.
See United States v. Ramsey, 785 F.2d 184, 191 (7th Cir.) (statements admitted under Rule 801(d)(2)(D) may be used to prove conspiracy without any showing that the existence of the conspiracy is corroborated by independent, nonhearsay evidence), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986); see also United States v. Cross, 816 F.2d 297, 302 (7th Cir.1987) (same).
discussed
Cited "see"
In Re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation. State of Arizona v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Continental Oil Co. Gulf Oil Corp. Phillips Petroleum Co. Caribou Four Corners, Inc. And Powerine Oil Co., State of California v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. And Shell Oil Co., and Atlantic Richfield Co. Getty Oil Co. And Phillips Petroleum Co., State of Oregon, on Behalf of Itself, Its Residents and All Political Subdivisions Within the State Similarly Situated v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Getty Oil Co. Gulf Oil Corp. And Phillips Petroleum Co., State of Washington, on Behalf of Itself and Its Public Entities and Residents v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. Shell Oil Co., and Getty Oil Co. And Phillips Petroleum Co.
See United States v. Ramsey, 785 F.2d 184, 191 (7th Cir.) (statements admitted under Rule 801(d)(2)(D) may be used to prove conspiracy without any showing that the existence of the conspiracy is corroborated by independent, nonhearsay evidence), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986); see also United States v. Cross, 816 F.2d 297, 302 (7th Cir.1987) (same).
discussed
Cited "see"
Kalima Jenkins, by Her Friend, Kamau Agyei Carolyn Dawson, by Her Next Friend, Richard Dawson Tufanza A. Byrd, by Her Next Friend, Teresa Byrd Derek A. Dydell, by His Next Friend, Maurice Dydell Terrance Cason, by His Next Friend, Antoria Cason Jonathan Wiggins, by His Next Friend, Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend, Mary Ward Robert M. Hall, by His Next Friend, Denise Hall Dwayne A. Turrentine, by His Next Friend, Shelia Turrentine Gregory A. Pugh, by His Next Friend, David Winters, on Behalf of Themselves and All Others Similarly Situated and American Federation of Teachers, Local 691 v. The State of Missouri Honorable John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education, Roseann Bentley, Dan Blackwell, Terry A. Bond, President, Delmar A. Cobble, Grover Gamm, Jimmy Robertson, Robert L. Welling, Donald E. West, Members of the Missouri State Board of Education, Arthur L. Mallory, Commissioner of Education of the State of Missouri, and School District of Kansas City, Missouri, and Claude C. Perkins, Superintendent Thereof. Kalima Jenkins, by Her Friend, Kamau Agyei Carolyn Dawson, by Her Next Friend, Richard Dawson Tufanza A. Byrd, by Her Next Friend, Teresa Byrd Derek A. Dydell, by His Next Friend, Maurice Dydell Terrance Cason, by His Next Friend, Antoria Cason Jonathan Wiggins, by His Next Friend, Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend, Mary Ward Robert M. Hall, by His Next Friend, Denise Hall Dwayne A. Turrentine, by His Next Friend, Shelia Turrentine Gregory A. Pugh, by His Next Friend, David Winters, on Behalf of Themselves and All Others Similarly Situated and American Federation of Teachers, Local 691 v. The State of Missouri Honorable John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education, Roseann Bentley, Dan Blackwell, Terry A. Bond, President, Delmar A. Cobble, Grover Gamm, Jimmy Robertson, Robert L. Welling, Donald E. West, Members of the Missouri State Board of Education, Arthur L. Mallory, Commissioner of Education of the State of Missouri, and School District of Kansas City, Missouri, and Claude C. Perkins, Superintendent Thereof, Kalima Jenkins, by Her Friend, Kamau Agyei Carolyn Dawson, by Her Next Friend, Richard Dawson Tufanza A. Byrd, by Her Next Friend, Teresa Byrd Derek A. Dydell, by His Next Friend, Maurice Dydell Terrance Cason, by His Next Friend, Antoria Cason Jonathan Wiggins, by His Next Friend, Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend, Mary Ward Robert M. Hall, by His Next Friend, Denise Hall Dwayne A. Turrentine, by His Next Friend, Shelia Turrentine Gregory A. Pugh, by His Next Friend, David Winters, on Behalf of Themselves and All Others Similarly Situated and American Federation of Teachers, Local 691 v. The State of Missouri Honorable John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education, Roseann Bentley, Dan Blackwell, Terry A. Bond, President, Delmar A. Cobble, Grover Gamm, Jimmy Robertson, Robert L. Welling, Donald E. West, Members of the Missouri State Board of Education, Arthur L. Mallory, Commissioner of Education of the State of Missouri, and School District of Kansas City, Missouri, and Claude C. Perkins, Superintendent Thereof
See Rose v. Nebraska, 748 F.2d 1258 , 1264 (8th Cir.1984), cert. denied, 474 U.S. 817 , 106 S.Ct. 61 , 88 L.Ed.2d 50 (1985), and Charles v. Coleman, 689 F.2d 774 , 777 (8th Cir.1982) (degree of liability considered in allocating responsibility for fees); Grendel's Den, Inc. v. Larkin, 749 F.2d 945, 960 (1st Cir.1984); Southeast Legal Defense Group v. Adams, 657 F.2d 1118, 1125-26 (9th Cir.1981) (relative time); see generally Little Rock School District v. Pulaski County Special School District No. 1, 787 F.2d 372, 374 (8th Cir.) (Arnold, J., concurring and dissenting), cert. denied, 476 U.S. 1…
cited
Cited "see"
In re the Complaint of Myers
See Independent Bankers Association v. Marine Midland Bank, N.A., 757 F.2d 453 , 460 (2d Cir.1985), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2926 , 91 L.Ed.2d 554 (1986).
discussed
Cited "see"
State v. Smith
See generally State v. Smith, 305 Md. 489 , 505 A.2d 511 (1986) (discussing role of a commissioner in issuing a statement of charges), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 552 (1986).
cited
Cited "see"
Baylis v. Marriott Corp.
See Independent Bankers Ass’n v. Marine Midland Bank, 757 F.2d 453 , 464 (2d Cir.1985), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2926 , 91 L.Ed.2d 554 (1986).
discussed
Cited "see"
James Baylis, Antonio Bellezza, Hector Torres, Jorge F. Moncayo, Raul Laredo, Martin Murphy, Attilio Dichiara, Arleigh Hartman, Jose Maldonado, Frances R. Souza, Carlito Fiel and Ortrander Sebastian on Behalf of Themselves and All Others Similarly Situated v. Marriott Corporation and Pan American World Airways, Inc., Marriott Corporation, James Baylis, Antonio Bellezza, Hector Torres, Jorge F. Moncayo, Raul Laredo, Martin Murphy, Attilio Dichiara, Arleigh Hartman, Jose Maldonado, Frances R. Souza, Carlito Fiel and Ortrander Sebastian on Behalf of Themselves and All Others Similarly Situated v. Marriott Corporation and Pan American World Airways, Inc., Defendants
See Independent Bankers Ass'n v. Marine Midland Bank, 757 F.2d 453, 464 (2d Cir.1985), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2926 , 91 L.Ed.2d 554 (1986). 23 In its present posture this suit against Marriott is not one of the rare cases where retaining jurisdiction would be appropriate.
discussed
Cited "see"
Reiter v. Napoli (In Re Napoli)
See Lindley v. General Electric Co., 780 F.2d 797 (9th Cir.) cert. denied, 476 U.S. 1186 , 106 S.Ct. *382 2926, 91 L.Ed.2d 554 (1986); In re Lane, 76 B.R. 1016 (Bankr.E.D.Pa.1987); In re Taylor, 58 B.R. 849 (Bankr.E.D.Va.1986); Matter of Rausch, 49 B.R. 562 (Bankr.D.N.J.1985); In re Holman, 42 B.R. 848 (Bankr.E.D.Mo.1984).
discussed
Cited "see"
Jenkins ex rel. Agyei v. Missouri
See Rose v. Nebraska, 748 F.2d 1258 , 1264 (8th Cir.1984), cert. denied, 474 U.S. 817 , 106 S.Ct. 61 , 88 L.Ed.2d 50 (1985), and Charles v. Coleman, 689 F.2d 774, 777 (8th Cir. 1982) (degree of liability considered in allocating responsibility for fees); Grendel's Den, Inc. v. Larkin, 749 F.2d 945, 960 (1st Cir.1984); Southeast Legal Defense Group v. Adams, 657 F.2d 1118, 1125-26 (9th Cir.1981) (relative time); see generally Little Rock School District v. Pulaski County Special School District No. 1, 787 F.2d 372, 374 (8th Cir.) (Arnold, J., concurring and dissenting), cert. denied, 476 U.S. 1…
discussed
Cited "see, e.g."
Davis v. DiPino
(2×)
Probable cause means "facts and circumstances `sufficient to warrant a prudent [person] in believing that the [defendant] had committed or was committing an offense.'" Gerstein v. Pugh, 420 U.S. 103, 111 , 95 S.Ct. 854, 862 , 43 L.Ed.2d 54 (1975) (quoting Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223, 225 , 13 L.Ed.2d 142 (1964)); see also State v. Smith, 305 Md. 489 , 515 n. 10, 505 A.2d 511 , cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 552 (1986).
cited
Cited "see, e.g."
United States v. Hensley
See, e.g., United States v. Morse, 785 F.2d 771, 774-75 (9th Cir.) (mail fraud), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 553 (1986).
cited
Cited "see, e.g."
United States v. Hensley
See, e.g., United States v. Morse, 785 F.2d ___ ____ _____________ _____ 771, 774-75 (9th Cir.) (mail fraud), cert. denied, 476 U.S. 1186 _____ ______ (1986).
cited
Cited "see, e.g."
United States v. Watt
See id.; see also United States v. Morse, 785 F.2d 771 (9th Cir.1986), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 553 (1986).
discussed
Cited "see, e.g."
United States v. Blue
Compare United States v. Terrovona, 785 F.2d 767 (9th Cir.), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2926 , 91 L.Ed.2d 553 (1986) (district court lacked authority to order that a sentence be served either consecutively or concurrently and could only make a recommendation to the Bureau of Prisons) with United States v. Thornton, 710 F.2d 513 (9th Cir.1983) (while 18 U.S.C. § 3568 limited the authority of judges to order concurrent terms, there was no corresponding limit on their authority to order that sentences be served consecutively).
cited
Cited "see, e.g."
Carrie Douglas v. Richard Clark
See also United States v. Ramsey, 785 F.2d 184, 194 (7th Cir.), cert. denied, 476 U.S. 1186 (1986) (It is not per se ineffective assistance to put on no defense at trial).
discussed
Cited "see, e.g."
United States v. Harry C. Kaufmann
Antzoulatos, 962 F.2d at 724-25 (upheld as applied to 18 U.S.C. § 1956 (a)(1)(B)); see also United States v. Ramsey, 785 F.2d 184, 189-90 (7th Cir.), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986); United States v. Valencia, 907 F.2d 671, 679 (7th Cir.1990); see also United States v. Breque, 964 F.2d 381, 387-88 (5th Cir.1992), petition for cert, filed (Oct. 26, 1992) (no error in giving deliberate ignorance instruction in relation to § 1956(a)(3)).
discussed
Cited "see, e.g."
United States v. Joyce Williams A/K/A Latonya Williams
See also United States v. Ramsey, 785 F.2d 184, 191-93 (7th Cir.), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986) (holding that although the district court erred in admitting into evidence a statement of past recollection recorded, the error was harmless).
discussed
Cited "see, e.g."
United States v. Eduardo De Francisco-Lopez
(2×)
See also United States v. Ramsey, 785 F.2d 184, 189 (7th Cir.) ("An ostrich instruction informs the jury that actual knowledge and deliberate avoidance of knowledge are the same thing."), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2924 , 91 L.Ed.2d 552 (1986). 41 Taken literally, the court's new rule would be at odds with our precedent because some evidence will support both actual knowledge and deliberate ignorance.
cited
Cited "see, e.g."
United States v. Mitchell Brown
See also United States v. Morse, 785 F.2d 771 (9th Cir.), cert. denied, 476 U.S. 1186 , 106 S.Ct. 2925 , 91 L.Ed.2d 553 and 479 U.S. 861 , 107 S.Ct. 209 , 93 L.Ed.2d 139 (1986).
Retrieving the full opinion text from the archive…
Pulaski County Special School District No. 1
v.
Little Rock School District and Arkansas State Board of Education v. Little Rock School District
v.
Little Rock School District and Arkansas State Board of Education v. Little Rock School District
No. 85-1316; No. 85-1547.
Supreme Court of the United States.
Jun 16, 1986.
C. A. 8th Cir. Certiorari denied.
Justice Powell would grant certiorari.