green
Positive treatment
7.9 score
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 19 distinct citers.
discussed
Cited "see"
Commonwealth v. Jose Balcacer.
See Commonwealth v. Richard, 398 Mass. 392, 394 , cert. denied 479 U.S. 1010 (1986). 12 pursuing a mutual purpose and objective, and . . . in close and continuous communication with each other about that shared objective").
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Cited "see"
Commonwealth v. Parent
See People v. Casas, 181 Cal. App. 3d 889, 895 , cert, denied, 479 U.S. 1010 (1986) (refusing to “construe ‘sexual conduct’ as meaning only acts of sexual intercourse” and holding that victim’s “statement that she offered to have sexual intercourse with [a third party] for money” was “sexual conduct” within scope of California’s rape shield statute); Shand v. State, 341 Md. 661, 680 (1996) (“an oral, unconsummated offer, by the victim, to trade sex for drugs ... is ‘sexual conduct,’ and the admissibility of evidence of a specific instance of such sexual conduct should…
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Cited "see"
Smith v. Quarterman
See Joyner v. King, 786 F.2d 1317, 1320 (5th Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 653 , 93 L.Ed.2d 708 (1986) (finding that “the policies of comity and federalism underlying the exhaustion doctrine” require that “new factual allegations in support of previously asserted legal theory” be first presented to the state court); see also Dowthitt, 230 F.3d at 748 ; Graham v. Johnson, 94 F.3d 958, 968 (5th Cir.1996); Brown, 701 F.2d at 495-96.
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Cited "see"
Dias v. Maloney
See Commonwealth v. Richard, 398 Mass. 392, 393 , 496 N.E.2d 1366 , cert. denied, 479 U.S. 1010 , 107 S.Ct. 654 , 93 L.Ed.2d 709 (1986) (“there ought to be some showing that better work might have accomplished something material for the defense,” quoting from Cepulonis v. Commonwealth, 384 Mass. 495, 502 , 427 N:E.2d 17 [1981], appeal dismissed, 455 U.S. 931 , 102 S.Ct. 1416 [1982]).
cited
Cited "see"
Bates v. Commonwealth
See Commonwealth v. Richard, 398 Mass. 392 , cert. denied, 479 U.S. 1010 (1986).
discussed
Cited "see"
Barrientes v. Johnson
See Joyner v. King, 786 F.2d 1317, 1320 (5th Cir.) (holding that “the policies of comity and federalism underlying the exhaustion doctrine” require that “new factual allegations in support of previously asserted legal theory” be first presented to the state court), cert. denied, 479 U.S. 1010 , 107 S.Ct. 653 , 93 L.Ed.2d 708 (1986); Brown v. Estelle, 701 F.2d 494, 495-96 (5th Cir.1983) (holding that when a claim is filed in federal court in a significantly stronger evidentiary posture than it was before the state court, it must be dismissed for *762 failure to exhaust state remedies an…
discussed
Cited "see"
Barrientes v. Johnson
See Joyner v. King, 786 F.2d 1317, 1320 (5th Cir.) (holding that "the policies of comity and federalism underlying the exhaustion doctrine" require that "new factual allegations in support of previously asserted legal theory" be first presented to the state court), cert. denied, 479 U.S. 1010 (1986); Brown v. Estelle, 701 F.2d 494, 495-96 (5th Cir. 1983) (holding that when a claim is filed in federal court in a significantly stronger evidentiary posture than it was before the state court, it must be dismissed forfailure to exhaust state remedies and remanded to the state court). 109 Id. at 5-6…
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Cited "see"
Gary Graham v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
See Joyner v. King, 786 F.2d 1317, 1320 (5th Cir.) (holding that the policies underlying the exhaustion doctrine require that “new factual allegations in support of a previously asserted legal theory” be first presented to the state court), cert. denied, 479 U.S. 1010 , 107 S.Ct. 653 , 93 L.Ed.2d 708 (1986); Brown v. Estelle, 701 *969 F.2d 494, 495-96 (5th Cir.1983) (holding that when a claim is filed in federal court in a significantly stronger evidentiary posture than it was before the state court, it must be dismissed for failure to exhaust state remedies).
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Cited "see"
Securities and Exchange Commission v. Eurobond Exchange, Ltd., and Gerald L. Rogers, AKA J.K. Glenn
United States v. Rauscher, 119 U.S. 407, 432-33 , 7 S.Ct. 234, 247-48 , 30 L.Ed. 425 (1886); accord, United States v. Najohn, 785 F.2d 1420, 1422 (9th Cir.) (per curiam), cert. denied, 479 U.S. 1009 , 107 S.Ct. 652 , 93 L.Ed.2d 707 (1986); United States v. Vreeken, 803 F.2d 1085, 1088-89 (10th Cir.1986), cert. denied, 479 U.S. 1067 , 107 S.Ct. 955 , 93 L.Ed.2d 1003 (1987).
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Cited "see"
McAleese v. Mazurkiewicz
Indeed, this Court has “read Strickland as requiring the courts to decide first whether the assumed deficient conduct of counsel prejudiced the defendant.” United States v. Fulford, 825 F.2d 3, 8 (3d Cir.1987); see McNeil v. Cuyler, 782 F.2d 443, 449-50 (3d Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 654 , 93 L.Ed.2d 709 (1986).
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Cited "see"
Mcaleese v. Mazurkiewicz
Indeed, this Court has "read Strickland as requiring the courts to decide first whether the assumed deficient conduct of counsel prejudiced the defendant." United States v. Fulford, 825 F.2d 3, 8 (3d Cir.1987); see McNeil v. Cuyler, 782 F.2d 443, 449-50 (3d Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 654 , 93 L.Ed.2d 709 (1986).
cited
Cited "see"
United States v. Martinez
See United States v. Najohn, 785 F.2d 1420, 1422 (9th Cir.), cert. denied, 479 U.S. 1009 , 107 S.Ct. 652 , 93 L.Ed.2d 707 (1986); United States v. Cordero, 668 F.2d 32, 37-38 (1st Cir.1981).
discussed
Cited "see, e.g."
Commonwealth v. Hardy
See, e.g., Commonwealth v. Richard, 398 Mass. 392, 393 , cert, denied, 479 U.S. 1010 (1986) (to establish ineffective assistance of appellate counsel, defendant must show that better work might have accomplished something material for defense). a.
discussed
Cited "see, e.g."
Cockrum Ex Rel. Welch v. Johnson
Brown v. Estelle, 701 F.2d 494, 495 (5th Cir.1983) (per curiam); see also Joyner v. King, 786 F.2d 1317, 1319-21 (5th Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 653 , 93 L.Ed.2d 708 (1986); Hart v. Estelle Jr., 634 F.2d 987, 989 (5th Cir. Unit A 1981) (per curiam).
discussed
Cited "see, e.g."
United States v. Ramon Puentes
Compare United States v. Kaufman, 874 F.2d 242, 243 (5th Cir.1989) (per curiam) (denial of petition for rehearing and suggestion for rehearing en banc) (stating that only the offended nation that is a party to a treaty may complain of a breach of the treaty) and Demjanjuk v. Petrovsky, 776 F.2d 571, 583-84 (6th Cir.1985) (expressing doubt that the individual has standing on the grounds that "[t]he right to insist on application of the principle of specialty belongs to the requested state, not to the individual whose extradition is requested”) (citation omitted), cert. denied, 475 U.S. 1016 ,…
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Cited "see, e.g."
United States v. Wright
The Circuit has elaborated: “Strickland v. Washington does not require certainty or even a preponderance of the evidence that the outcome would have been different with effective assistance of counsel; it requires only a reasonable probability that that is the ease.” Day, 969 F.2d at 45 n. 8; see also United States v. Baynes, 687 F.2d 659, 670 (3d Cir.1982) (cited with approval in McNeil v. Cuyler, 782 F.2d 443, 447 (3d Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 654 , 93 L.Ed.2d 709 (1986)).
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Cited "see, e.g."
United States v. Bowe
Thus, the defendant’s rights are limited to “those objections to the extradition process that the surrendering country might consider a breach of the extradition treaty.” United States v. Diwan, 864 F.2d 715, 721 (11th Cir.), cert. denied, 492 U.S. 921 , 109 S.Ct. 3249 , 106 L.Ed.2d 595 (1989); see also United States v. Najohn, 785 F.2d 1420, 1422 (9th Cir.), cert. denied, 479 U.S. 1009 , 107 S.Ct. 652 , 93 L.Ed.2d 707 (1986); Berenguer v. Vance, 473 F.Supp. 1195, 1197 (D.D.C.1979).
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Cited "see, e.g."
United States v. Barber
In Day , the Circuit elaborated on the second prong of an ineffective assistance claim requiring a showing of prejudice: “Strickland v. Washington does not require certainty or even a preponderance of the evidence that the outcome would have been different with effective assistance of counsel; it requires only a reasonable probability that that is the case.” 969 F.2d at 45 n. 8; see also United States v. Baynes, 687 F.2d 659, 670 (3d Cir.1982) (cited with approval in McNeil v. Cuyler, 782 F.2d 443, 447 (3d Cir.), cert. denied, 479 U.S. 1010 , 107 S.Ct. 654 , 93 L.Ed.2d 709 (1986)).
discussed
Cited "see, e.g."
United States v. Alex William Herbage
See, e.g., United States v. Najohn, 785 F.2d 1420, 1422 (9th Cir.) (“[T]he protection [of specialty] exists only to the extent that the surrendering country wishes_ However, the person extradited may raise whatever objections the rendering county might have.”), cert. denied, — U.S. -, 107 S.Ct. 652 , 93 L.Ed.2d 707 (1986); Note, Toward a More Principled Approach to the Principle of Specialty, 12 Cornell Int'l L.J. 309 (1979).
McBee
v.
Harrison, Warden
v.
Harrison, Warden
No. 86-5653.
Supreme Court of the United States.
Dec 8, 1986.
Published
C. A. 6th Cir. Certiorari denied.