green
Positive treatment
Quoted verbatim 1×
7.9 score
“federal prosecution was only a possibility over which the state attorney had no control....”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 31 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Petty
See United States v. Britt, 917 F.2d 353 , 356 n.3 (8th Cir. 1990), cert. denied, 498 U.S. 1090 (1991); United States v. Baggett, 901 F.2d 1546, 1548 (11th Cir.), cert. denied, 498 U.S. 862 (1990); United States v. Kim, 884 F.2d 189, 191 (5th Cir. 1989); but see United States v. Santiago Soto, 825 F.2d 616 (1st Cir. 1987), cert. denied, 493 U.S. 831 (1989); Gilmore v. Zimmerman, 793 F.2d 564 (3d Cir.), cert. denied, 479 U.S. 962 (1986); United States v. Combs, 634 F.2d 1295 (10th Cir. 1980), cert. denied, 451 U.S. 913 (1981). 15 Though similar to the statutory language before us, the Pennsylva…
discussed
Cited as authority (quoted)
State v. Wilkerson
federal prosecution was only a possibility over which the state attorney had no control....
discussed
Cited "see"
United States v. Logan
See United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.1989) (defendant “offer[ed] no evidence, only bare allegations,” that former counsel failed to advise him of certain matters concerning his guilty plea), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see"
Gillespie v. City Of Indianapolis
See United States v. Jordan, 870 F.2d 1310, 1314-15 (7th Cir.), cert. denied, 493 U.S. 831 , 110 S. Ct. 101 (1989); see also United States v. Andaverde, 64 F.3d 1305, 1310 (9th Cir. 1995), cert. denied, 516 U.S. 1164 , 116 S. Ct. 1055 (1996); United States v. Minnick, 949 F.2d 8, 10-11 (1st Cir. 1991), cert. denied, 503 U.S. 995 , 112 S. Ct. 1698 , 118 L.Ed.2d 408 (1992); United States v. Hicks, 992 F. Supp. 1244, 1245-46 (D.
discussed
Cited "see"
Gillespie v. City of Indianapolis
See United States v. Jordan, 870 F.2d 1310, 1314-15 (7th Cir.), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989); see also United States v. Andaverde, 64 F.3d 1305, 1310 (9th Cir.1995), cert. denied, 516 U.S. 1164 , 116 S.Ct. 1055 , 134 L.Ed.2d 199 (1996); United States v. Minnick, 949 F.2d 8, 10-11 (1st Cir.1991), cert. denied, 503 U.S. 995 , 112 S.Ct. 1698 , 118 L.Ed.2d 408 (1992); United States v. Hicks, 992 F.Supp. 1244, 1245-46 (D.Kan.1997); National Ass’n of Gov’t Employees, Inc. v. Barrett, 968 F.Supp. 1564, 1575-76 (N.D.Ga.1997), aff’d. & adopted by Hiley v. Bar…
discussed
Cited "see"
United States v. Miller
See United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.) (defendant “offer[ed] no evidence, only bare allegations,” that former counsel failed to advise him of certain matters concerning his guilty plea), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see"
Jenkins v. Talladega City Bd. of Ed
See Oladeinde v. City of Birmingham, 963 F.2d 1481, 1487 (11th Cir.1992) (concluding, without citing a materially similar case, that application of the balancing test in that case would lead to the "inevitable conclusion" that defendants violated the Constitution) (Edmondson, J.), cert. denied, 507 U.S. 987 , 113 S.Ct. 1586 , 123 L.Ed.2d 153 1194 [ (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989) ].
discussed
Cited "see"
William A. Scott, Jr. v. Craig A. Hanks
See United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.), cert. denied, 493 U.S. 831 (1989) (holding that even assuming that petitioner's counsel should have advised petitioner of possible consequences of his plea, petitioner has the burden to offer evidence to support the bare allegations that his counsel failed to advise him of these possibilities). 12 For the foregoing reasons, we AFFIRM the judgment of the district court. * After an examination of the briefs and the record, we have concluded that oral argument is unnecessary; accordingly, the appeal is submitted on the briefs and the re…
discussed
Cited "see"
United States v. Pava Buelba
See United States v. Santiago Soto, 871 ___ _______________________________ F.2d 200, 201 (1st Cir.) (failure to raise the issue of voluntariness in a way that would have alerted the trial judge that a Jackson v. Denno hearing was desirable waives ________________ right to hearing), cert. denied, 493 U.S. 831 (1989); see _____________ ___ also United States v. Berry, 977 F.2d 915, 918 (5th Cir. ____ _______________________ 1992) (a generic objection to the admissibility of the ____________________ 5.
discussed
Cited "see"
United States v. Luciano Mosquera
See United States v. Santiago Soto, 871 F.2d 200, 201 (1st Cir.) (failure to raise the issue of voluntariness in a way that would have alerted the trial judge that a Jackson v. Denno hearing was desirable waives right to hearing), cert. denied, 493 U.S. 831 , 110 S.Ct. 103 , 107 L.Ed.2d 66 (1989); see also United States v. Berry, 977 F.2d 915, 918 (5th Cir.1992) (a generic objection to the admissibility of the confession was insufficient to put the court on notice that defendant sought a Jackson v. Denno hearing and therefore the court’s ruling was reviewed for plain error).
discussed
Cited "see"
Marshall v. Ilczuk
See Barts v. Joyner, 865 F.2d 1187, 1191 (11th Cir.) (Supreme Court decision in direct criminal appeal, although "pertinent to" a civil case, was "too different in its facts to have settled the law applicable to the facts" of that case), cert. denied, 493 U.S. 831 (1989).
discussed
Cited "see"
A.M. ex rel. Law v. Grant
Accord, Barts v. Joyner, 865 F.2d 1187, 1190 (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989) (quoting Mitchell v. Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806, 2816 , 86 L.Ed.2d 411 (1985)) (“To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the ‘legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly proscribed the actions the defendant took.’”) The Eleventh Circuit has said that the “most common error” it encounters as a reviewing …
discussed
Cited "see"
AM BY AND THROUGH LAW v. Grant
Accord, Barts v. Joyner, 865 F.2d 1187, 1190 (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989) ( quoting Mitchell v. Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806, 2816 , 86 L.Ed.2d 411 (1985)) ("To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the `legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly proscribed the actions the defendant took.'") The Eleventh Circuit has said that the "most common error" it encounters as a reviewing court occur…
discussed
Cited "see"
McMillian v. Johnson
Accord, Barts v. Joyner, 865 F.2d 1187, 1190 (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989) (quoting Mitchell v. Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806, 2816 , 86 L.Ed.2d 411 (1985)) (“To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the ‘legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly proscribed the actions the defendant took.’”) The Eleventh Circuit has said that the “most common error” it encounters as a reviewing …
cited
Cited "see"
Donovan v. City Of Milwaukee
See Barts v. Joyner, 865 F.2d 1187, 1194 (11th Cir.), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
cited
Cited "see"
Donovan v. City of Milwaukee
See Barts v. Joyner, 865 F.2d 1187, 1194 (11th Cir.), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see"
Larrivee v. MCC, SUPT
See United States v. Santiago ___ ______________ ________ Soto, 871 F.2d 200, 202 (1st Cir.) (per curiam) (no coercion ____ where allegation that defendant was afraid of postal inspectors not supported by "a description of any specific behavior"), cert. denied, 493 U.S. 831 (1989).
discussed
Cited "see"
Larrivee v. MCC, SUPT
(2×)
See United States v. Santiago Soto, 871 F.2d 200, 202 (1st Cir.) (per curiam), cert. denied, 493 U.S. 831 (1989).
discussed
Cited "see"
Jerry Larrivee v. McC Supt.
(2×)
See United States v. Santiago Soto, 871 F.2d 11 200, 202 (1st Cir.) (per curiam) (no coercion where allegation that defendant was afraid of postal inspectors not supported by 'a description of any specific behavior'), cert. denied, 493 U.S. 831 (1989).
discussed
Cited "see"
United States v. Anthony Medina (91-1852) Nathaniel Wilson (91-1869) Neville King (91-1891/1892)
(2×)
See Dorsey v. Parke, 872 F.2d 163, 167 (6th Cir.), cert. denied, 493 U.S. 831 , 110 S.Ct. 103 , 107 L.Ed.2d 67 (1989).
cited
Cited "see"
United States v. Gray
See United States v. Jordan, 870 F.2d 1310 (7th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
cited
Cited "see"
United States v. Charles Frederick Leonard
See United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.) cert. denied, 493 U.S. 831 (1989); United States v. Signori, 844 F.2d 635, 639 (9th Cir.1988).
discussed
Cited "see, e.g."
Major v. State
A direct consequence is one that has a "definite, immediate, and largely automatic effect on the range of the defendant's punishment." Zambuto v. State, 413 So.2d 461, 462 (Fla. 4th DCA 1982) (citations omitted). "[A] plea's possible enhancing effect on a subsequent sentence is merely a collateral consequence of the conviction; it is not the type of consequence about which a defendant must be advised before the defendant enters the plea." Id. at 463 (citation omitted); see also United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.), cert. denied, 493 U.S. 831 [, 110 S.Ct. 101 , 107 L.Ed.2d 65…
discussed
Cited "see, e.g."
Lehman v. Pennsylvania State Police
See also United States v. Jordan, 870 F.2d 1310 (7th Cir.), cert. denied 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989); United States v. Matassini, 565 F.2d 1297 (5th Cir.1978); United States v. Sutton, 521 F.2d 1385 (7th Cir.1975). .
discussed
Cited "see, e.g."
Powers v. CSX Transportation, Inc.
The plaintiffs only effort to meet this massive burden is to cite to several cases addressing race discrimination in a town or city’s provision of municipal services. 19 These cases, says the plaintiff, show that “the law is clearly established in this circuit that one cannot be denied the benefits of government-provided services based on race.” (Doc. 16 at 7) A plaintiff, however, cannot shoulder her burden of defeating qualified immunity by reference to such glittering generalities. “[Cjourts must not permit plaintiffs to discharge their burden by referring to general rules and to th…
discussed
Cited "see, e.g."
Dodson v. Commonwealth
(2×)
See also United States v. Jordan, 870 F.2d 1310, 1314-15 (7th Cir.) (holding that no ex post facto violation occurred because the defendant was being punished for possessing a firearm as a felon, not for the three robberies he committed prior to the enactment of the firearm possession statute), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see, e.g."
State v. Fox
A direct consequence is one that has a " `definite, immediate, and largely automatic effect on the range of the defendant's punishment.'" Zambuto v. State, 413 So.2d 461, 462 (Fla. 4th DCA 1982) (citations omitted). "`[A] plea's possible enhancing effect on a subsequent sentence is merely a collateral consequence of the conviction; it is not the type of consequence about which a defendant must be advised before the defendant enters the plea.'" Id. at 463 (citation omitted); see also United States v. Jordan, 870 F.2d 1310, 1318 (7th Cir.), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2…
discussed
Cited "see, e.g."
Eubanks v. Gerwen
See Post v. City of Fort Lauderdale, 7 F.3d 1552, 1557 (11th Cir.1993), modified, 14 F.3d 583 (1994); Lindsey v. Storey, 936 F.2d 554, 563 (11th Cir.1991); see also Barts v. Joyner, 865 F.2d 1187, 1195-96 (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see, e.g."
Eubanks v. Gerwen
See Post v. City of Fort Lauderdale, 7 F.3d 1552, 1557 (11th Cir.1993), modified, 14 F.3d 583 (1994); Lindsey v. Storey, 936 F.2d 554, 563 (11th Cir.1991); see also Barts v. Joyner, 865 F.2d 1187, 1195-96 (11th Cir.1989), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2d 65 (1989).
discussed
Cited "see, e.g."
United States v. Richard Alan Brady, Frank Pontillo, Also Known as Franky Steel, Robert Montano, Michael Dematteo and John Pate
Courts have determined that Congress intended statutes prohibiting felons from possessing firearms to reach “persons convicted of felonies prior to [the effective date of the statute].” United States v. Matassini, 565 F.2d 1297, 1307 (5th Cir.1978) (interpreting 18 U.S.C. § 1202 (a)(1), the predecessor to § 922(g)); see also United States v. Jordan, 870 F.2d 1310, 1315 (7th Cir.) (although enhancement provisions of § 1202 became effective in 1984, fact that defendants’ underlying convictions occurred in 1970 and 1972 does not violate the Ex Post Facto clause), cert. denied, 493 U.S. 8…
discussed
Cited "see, e.g."
United States v. James M. Eliason
Thus, based on the fact the defendants invoked the privilege against self-incrimination, Murphy rejected a line of cases that held “one jurisdiction within our federal structure may compel a witness to give testimony which could be used to convict him of a crime in another jurisdiction.” Id. at 77 , 84 S.Ct. at 1608 ; see also United States v. Jordan, 870 F.2d 1310, 1316 (7th Cir.) (in Murphy the Supreme Court “held that one sovereign could not compel testimony which might subject the witness to prosecution by another sovereign”), cert. denied, 493 U.S. 831 , 110 S.Ct. 101 , 107 L.Ed.2…
Retrieving the full opinion text from the archive…
Shaffer
v.
United States
v.
United States
No. 88-7283.
Supreme Court of the United States.
Oct 2, 1989.
Published
Citer courts: New Jersey Superior Court App … (1)
C. A. 2d Cir. Certiorari denied.