McCulloch v. United States, 484 U.S. 947 (1987). · Go Syfert
Search
McCulloch v. United States, 484 U.S. 947 (1987). Cases Citing This Book View Copy Cite
“even if, as claimed, defendant did not personally pull the trigger, his presence and assistance ... provided a basis from which the jurors could have concluded that he actively acquiesced in th use of deadly force.”
260 citation events (94 in the last 25 years) across 23 distinct courts.
Strongest positive: State v. Cooks (la, 1998-10-06)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Cooks
La. · 1998 · quote attribution · 1 verbatim quote · confidence low
even if, as claimed, defendant did not personally pull the trigger, his presence and assistance ... provided a basis from which the jurors could have concluded that he actively acquiesced in th use of deadly force.
discussed Cited as authority (quoted) State v. Bourque
La. · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
specific intent is a state of mind and, as such, it need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions of the defendant
discussed Cited "see" State v. Montejo
La. · 2008 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714, 722 (La.1987), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987); State v. Harper, 430 So.2d 627, 633 (La. 1983); State v. Manning, 380 So.2d 46, 50-51 (La.1980).
discussed Cited "see" State v. Galliano
La. Ct. App. · 1997 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714, 721-722 (La.), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987); State v. Lee, 577 So.2d 134, 142 n. 13 (La.App. 1st Cir.), writ denied, 580 So.2d 667 (La.1991).
cited Cited "see" State v. Harris
La. Ct. App. · 1997 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714 (La.1987), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987), reh'g denied, 484 U.S. 1021 , 108 S.Ct. 737 , 98 L.Ed.2d 684 (1988).
discussed Cited "see" Silver v. Babbitt
9th Cir. · 1995 · signal: accord · confidence high
Corp., 705 F.2d 1502, 1508 (9th Cir.1983) (taking into consideration district court's grant of amicus status in finding no abuse of discretion in denial of intervention motion as untimely), rev'd in part on other grounds, 467 U.S. 717 (1984); accord Harris v. Pernsley, 820 F.2d 592, 603 (3d Cir.) (finding amicus status was sufficient to allow party denied permissive intervention to comment on scope of proposed settlement agreement), cert. denied, 484 U.S. 947 (1987).
discussed Cited "see" Harris v. City of Philadelphia
3rd Cir. · 1995 · signal: see · confidence high
See Harris v. Pernsley (Harris II), 820 F.2d 592 (3d Cir.), cert. denied, 484 U.S. 947 , 108 S.Ct. 336 , 98 L.Ed.2d 363 (1987); Harris v. Reeves (Harris III), 946 F.2d 214 (3d Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992). 2 .
discussed Cited "see" Harris v. City of Philadelphia
3rd Cir. · 1995 · signal: see · confidence high
See Harris v. Pernsley (Harris II ), 820 F.2d 592 (3d Cir.), cert. denied, 484 U.S. 947 , 108 S.Ct. 336 , 98 L.Ed.2d 363 (1987); Harris v. Reeves (Harris III ), 946 F.2d 214 (3d Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992) 2 In a somewhat parallel action, the Philadelphia Court of Common Pleas found some twenty years ago that conditions in the Philadelphia prison system violated the prohibitions against cruel and unusual punishment in the Eighth Amendment to the United States Constitution.
cited Cited "see" State v. Williams
La. Ct. App. · 1993 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714 (La.), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987).
cited Cited "see" State v. Hess
La. Ct. App. · 1993 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714 (La.1987), cert. den., Brooks v. Louisiana, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 .
cited Cited "see" State v. Folse
La. Ct. App. · 1993 · signal: see · confidence high
See State v. Brooks, 505 So.2d 714, 723 (La.), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987).
cited Cited "see" United States v. Mid-State Disposal, Inc.
W.D. Wis. · 1990 · signal: see · confidence high
See Harris v. Pernsley, 820 F.2d 592, 596 (3d Cir.), cert. denied sub nom., 484 U.S. 947 , 108 S.Ct. 336 , 98 L.Ed.2d 363 (1987).
cited Cited "see" State v. Hicks
La. Ct. App. · 1989 · signal: see · confidence high
See, State v. Brooks, 505 So.2d 714, 723 (La.), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987).
discussed Cited "see, e.g." State of Louisiana v. Jeffrey Clark (2×)
La. · 2016 · signal: see, e.g. · confidence low
See, e.g., State v. Brooks, 505 So.2d 714, 724 (La. 1987) (trial counsel’s strategy in acknowledging the defendant bore some culpability, in being in the company of the murderer at the scene of the crime, did not constitute ineffective assistance), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987); State v. Holmes, 95 -0208, pp. 7-8 (La.App. 4 Cir. 2/29/96), 670 So.2d 573, 577-78 .
cited Cited "see, e.g." State v. Cole
La. Ct. App. · 1997 · signal: see also · confidence low
Id.; see also State v. Brooks, 505 So.2d 714 (La.1987), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987).
discussed Cited "see, e.g." Milton Eugene Cupit v. John P. Whitley, Warden, Louisiana State Penitentiary
5th Cir. · 1994 · signal: see, e.g. · confidence low
See e.g., State v. Brooks, 505 So.2d 714, 717 (La.), cert. denied, 484 U.S. 947 , 108 S.Ct. 337 , 98 L.Ed.2d 363 (1987). 28 , Report and Recommendation of 9-17-92, Federal District Court Record, at 109, 111 (emphasis added). 29 .
discussed Cited "see, e.g." United States v. South Florida Water Management District
11th Cir. · 1991 · signal: see also · confidence low
See also Harris v. Pernsley, 820 F.2d 592, 599 (3rd Cir.) (stating that an applicant for intervention "may have a sufficient interest to intervene as to certain issues in an action without having an interest in the litigation as a whole"), cert. den. 484 U.S. 947 , 108 S.Ct. 336 , 98 L.Ed.2d 363 (1987); United States v. American Telephone & Telegraph Co., 642 F.2d 1285, 1291 (D.C.Cir.1980) (discussing with approval the rule that "intervention for individual issues ... [may be] appropriate to protect particular interests, with the limited nature of the intervenor's interest determining the scop…
cited Cited "see, e.g." International Paper Company v. The Inhabitants of the Town of Jay, Maine, Appeal of State of Maine
1st Cir. · 1989 · signal: see, e.g. · confidence low
See, e.g., Harris v. Pernsley, 820 F.2d 592, 597 (3d Cir.), cert. denied, 484 U.S. 947 , 108 S.Ct. 336 , 98 L.Ed.2d 363 (1987); Hooker, 749 F.2d at 991 ; Virginia v. Westinghouse Elec.
Retrieving the full opinion text from the archive…
McCulloch
v.
United States and Jones v. United States
No. 87-5170; No. 87-5266.
Supreme Court of the United States.
Nov 9, 1987.
484 U.S. 947
Brennan, White, Whom.
Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 73%
Citer courts: Supreme Court of Louisiana (2)

Lead Opinion

C. A. 11th Cir. Certiorari denied.

Dissent

Justice White, with whom Justice Brennan joins,

dissenting.

In March 1981, petitioners were tried for their participation in an interstate network that duplicated and distributed unauthorized reproductions of copyrighted sound recordings — so-called “pirated” tape recordings. At the conclusion of their trial, petitioners were convicted of numerous counts of interstate transportation of pirated tapes (18 U. S. C. § 2314), conspiracy to violate the copyright laws, and wire fraud. Also, using these substantive convictions as “predicate acts,” the Government successfully prosecuted petitioners for conducting (and conspiring to conduct) a racketeering enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). 18 U. S. C. §§ 1962(c) and (d).

Subsequently, in Dowling v. United States, 473 U. S. 207 (1985), this Court held that criminal penalties could not be imposed for interstate transportation of pirated tapes under § 2314. As a result, petitioners initiated this action, pursuant to 28 U. S. C. §2255 to have their convictions set aside. The District Court vacated the convictions under §2314, but refused to alter petitioners’ convictions for wire fraud or the RICO violations. Cooper v. United States, 639 F. Supp. 176 (MD Fla. 1986). The Court of Appeals affirmed in a judgment order, 822 F. 2d 63 (CA11 1987), relying on the District Court’s opinion. App. to Pet. for Cert. in No. 87-5170, p. A-2.

[*948] These petitions present the question whether a RICO conviction may stand when some — but not all — of a defendant’s convictions for the predicate acts which are the basis of his RICO conviction are vacated. Here, the District Court vacated 6 of petitioner McCulloch’s 11 predicate-act convictions, and 6 of petitioner Jones’ 14 convictions. Cooper, supra, at 187. The jury’s verdict on the RICO counts did not indicate which of these various predicate acts formed the basis on which it found “a pattern of racketeering activity.” 18 U. S. C. § 1962(c). The District Court allowed the RICO convictions to stand.

The courts below followed a prior decision of the Fifth Circuit, United States v. Peacock, 654 F. 2d 339 (1981), cert. denied, 464 U. S. 965 (1983). There, the Fifth Circuit vacated several convictions for predicate acts committed by three RICO defendants, but concluded that where “each of the appellants [was properly] convicted by the jury of at least two racketeering acts which were related to the . . . enterprise,” their RICO convictions remained valid. 654 F. 2d, at 348. The Fifth Circuit recognized that this holding was in conflict with an opposing conclusion reached in United States v. Brown, 583 F. 2d 659 (1978), cert. denied, 440 U. S. 909 (1979), where the Third Circuit reversed two defendants’ RICO convictions when two of their four convictions for predicate acts were found to be invalid. 583 F. 2d, at 669. The Seventh and the Ninth Circuits have recognized this conflict, but have declined to adopt either position to date. See United States v. Anderson, 809 F. 2d 1281, 1284-1285 (CA7 1987); United States v. Lopez, 803 F. 2d 969, 976 (CA9 1986), cert. denied, 481 U. S. 1030 (1987).

Because of the disagreement and uncertainty among the Courts of Appeals over the proper application of this important federal criminal statute, I would grant certiorari to resolve the conflict.