green
Positive treatment
Quoted verbatim 4×
8.6 score
G Cite
cited 6× by 2 distinct cases ·
" Hastings III"
cited 4× by 1 distinct case ·
“counsel cannot be faulted for failing to assert claims that did not exist at the time [he] represented [the defendant]”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Ledbetter v. Commissioner of Correction
counsel cannot be faulted for failing to assert claims that did not exist at the time represented
discussed
Cited as authority (quoted)
McBryde v. Committee to Review Circuit Council Conduct & Disability Orders of the Judicial Conference of the United States
hastings iii
discussed
Cited as authority (quoted)
McBryde v. COMMITTEE TO REV. CIR. COUNCIL CONDUCT
hastings iii
discussed
Cited as authority (quoted)
David Junior Brown v. Gary Dixon, Warden, Central Prison, David Junior Brown v. Gary Dixon, Warden, Central Prison
a reviewing court ... must be highly deferential in scrutinizing counsel's performance ; the tendency and temptation to second-guess is high and must be avoided.
discussed
Cited "see"
Goff v. State
(2×)
See Lowenfield, v. Butler, 843 F.2d 183, 187 (5th Cir.1988), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 714 (1988) (stating that for one to be competent to be executed he has to be aware of the punishment he is about to suffer and why he must suffer it).
discussed
Cited "see"
Berry v. State
See Lowenfield v. Butler, 843 F.2d 183, 187 (5th Cir.1988), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 714 (1988) (stating that for one to be competent to be executed he has to be aware of the punishment he is about to suffer and why he must suffer it). ¶ 90.
discussed
Cited "see"
Jouett Edgar Arney v. Raymond Roberts, Attorney General Of
See Elledge v. Dugger, 823 F.2d 1439, 1446 (11th Cir.1987), cert. denied, 485 U.S. 1014 (1988). 11 Petitioner next argues that a jury instruction regarding intent given at his trial resulted in his unconstitutional conviction.
discussed
Cited "see"
Alexander Shapolia v. Los Alamos National Laboratory, and John Whetten
See International Ass’n of Machinists & Aerospace Workers v. Boeing Co., 833 F.2d 165, 169 (9th Cir.1987) (Title VII protects even those individuals who are not members of organized religious groups from contributing to unions in violation of their religious beliefs), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1488 , 99 L.Ed.2d 715 (1988); Young v. Southwestern Sav. and Loan Assoc., 509 F.2d 140, 143-45 (5th Cir.1975) (constructive discharge in violation of Title VII to require employee to attend religious services).
discussed
Cited "see"
Earl Wesley Berry v. State of Mississippi
See Lowenfield v. Butler, 843 F.2d 183, 187 (5th Cir. 1988), cert. denied, 485 U.S. 1014 (1988) (stating that for one to be competent to be executed he has to be aware of the punishment he is about to suffer and why he must suffer it). ¶90.
cited
Cited "see"
Maurice S. Wilson v. National Labor Relations Board
See International Ass’n of Machinists v. Boeing Co., 833 F.2d 165, 170 (9th Cir.1987), ce rt. denied, 485 U.S. 1014 , 108 S.Ct. 1488 , 99 L.Ed.2d 715 (1988).
discussed
Cited "see"
Marc Truitt v. Department of State
See Hastings v. Judicial Conference of U.S., 264 U.S.App.D.C. 306, 322-323 , 829 F.2d 91, 107-108 (1987), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 715 (1988); see also Benard v. Gulf Oil Corp., 841 F.2d 547, 561 (5th Cir.1988); Kontos v. Department of Labor, 826 F.2d 573, 577 (7th Cir.1987); Norman v. Housing Auth., 836 F.2d 1292, 1306 (11th Cir.1988). 52 .
discussed
Cited "see"
Davis v. State
See Elledge v. Dugger, 823 F.2d 1439 (11th Cir.1987), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 715 (1988); Martin v. Wainwright, 770 F.2d 918 (11th Cir.1985), modified, 781 F.2d 185 (11th Cir.), cert. denied, 479 U.S. 909 , 107 S.Ct. 307 , 93 L.Ed.2d 281 (1986).
discussed
Cited "see, e.g."
95 Cal. Daily Op. Serv. 6599, 95 Daily Journal D.A.R. 11,337 Security Pacific National Bank, as Trustee v. The Resolution Trust Corporation, as Receiver of Santa Barbara Federal Savings and Loan Association
See also International Ass'n of Machinists & Aerospace Workers v. The Boeing Co., 833 F.2d 165, 169 (9th Cir.1987), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1488 , 99 L.Ed.2d 715 (1988); Karrell v. U.S., 181 F.2d 981 (9th Cir.1950), cert. denied, 340 U.S. 891 , 71 S.Ct. 206 , 95 L.Ed. 646 (1950). 36 If we apply Security Pacific's interpretation of subsection (c) to the parallel language of subsection (a)(6), levels eight, nine, and ten are rendered superfluous.
discussed
Cited "see, e.g."
Security Pacific National Bank v. Resolution Trust Corp.
See also International Ass’n of Machinists & Aerospace Workers v. The Boeing Co., 833 F.2d 165 , 169 (9th Cir.1987), ce rt. denied, 485 U.S. 1014 , 108 S.Ct. 1488 , 99 L.Ed.2d 715 (1988); Karrell v. U.S., 181 F.2d 981 (9th Cir.1950), cert. denied, 340 U.S. 891 , 71 S.Ct. 206 , 95 L.Ed. 646 (1950).
discussed
Cited "see, e.g."
Varnall Weeks v. Ronald E. Jones, Commissioner of Corrections
(2×)
Compare Rector v. Clark, 923 F.2d 570, 572 (8th Cir.) (examining "whether petitioner understands that he is to be punished by execution" and "whether petitioner understands why he is being punished"), cert. denied, 501 U.S. 1239 , 111 S.Ct. 2872 , 115 L.Ed.2d 1038 (1991) with Lowenfield v. Butler, 843 F.2d 183, 187 (5th Cir.) (evaluating whether petitioner is "unaware that he is about to be put to death as a result of his earlier conviction and sentence for murder"), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 714 (1988) and Martin v. Dugger, 686 F.Supp. 1523, 1566-73 (S.D.Fla.19…
cited
Cited "see, e.g."
Billiot v. State
See also, Lowenfield v. Butler, 843 F.2d 183, 187 (5th Cir.1988), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 714 (1988).
discussed
Cited "see, e.g."
Chadima v. National Fidelity Life Insurance
Id. at 379 n. 9; see also Dale v. Janklow, 828 F.2d 481, 484 (8th Cir.1987), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1486 , 99 L.Ed.2d 714 (1988); United States Philips Corp. v. Windmere Corp., 861 F.2d 695, 705 (Fed.Cir.1988), cert. denied sub nom.
cited
Cited "see, e.g."
Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of Corrections
See also Elledge v. Dugger, 823 F.2d 1439, 1442-43 (11th Cir.1987), ce rt. denied, 485 U.S. 1014 , 108 S.Ct. 1487 , 99 L.Ed.2d 715 (1988).
discussed
Cited "see, e.g."
Lindsey v. City of St. Paul
“While a plaintiff may seek redress and win damages under state law for any unwanted touching under the common law of battery, the federal remedies under § 1983 are directed against more egregious conduct.” Id.; see also Dale v. Janklow, 828 F.2d 481, 485 (8th Cir.1987), cert. denied, 485 U.S. 1014 , 108 S.Ct. 1486 , 99 L.Ed.2d 714 (1988) (the conduct must be so egregious and reckless that it may be deemed a substantive denial of due process); Davis v. Forrest, 768 F.2d 257, 258 (8th Cir.1985) (not every assault and battery by a police officer is a violation of the Constitution); Johnson …
Retrieving the full opinion text from the archive…
Laurenco
v.
Bowen, Secretary of Health and Human Services
v.
Bowen, Secretary of Health and Human Services
No. 87-6666.
Supreme Court of the United States.
Apr 18, 1988.
C. A. 4th Cir. Certiorari denied.