green
Positive treatment
5.1 score
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 14 distinct citers.
discussed
Cited "see"
State v. Petion
It is fair to presume, under these circumstances, that the defendant believed that the evidence was insufficient to support a charge of assault in the first degree as to Bran and that, in the absence an instruction on a lesser included offense, either (a) the jury would find him not guilty; see Fair v. Warden , 211 Conn. 398 , 404, 559 A.2d 1094 ("[i]t may be sound trial strategy not to request a lesser included offense instruction, hoping that the jury will simply return a not guilty verdict"), cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 107 L.
discussed
Cited "see"
James Dewayne Munkus v. Robert Furlong and Attorney General of the State of Colorado
See United States v. Nunez, 877 F.2d 1475, 1478-79 (10th Cir.), cert. denied, 493 U.S. 981 , 110 S.Ct. 514 , 107 L.Ed.2d 515 (1989); accord Jackson v. Ylst, 921 F.2d 882, 888-89 (9th Cir.1990) (holding that untimely and equivocal request to represent self was not sufficient to invoke right).
discussed
Cited "see"
Munkus v. Furlong
See United States v. Nunez, 877 F.2d 1475, 1478-79 (10th Cir.), cert. denied, 493 U.S. 981 (1989); accord Jackson v. Ylst, 921 F.2d 882, 888-99 (9th Cir. 1990) (holding that untimely and equivocal request to represent self was not sufficient to invoke right).
cited
Cited "see"
Beasley v. Commissioner of Correction
See Fair v. Warden, 211 Conn. 398, 404 , 559 A.2d 1094 , cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 107 L.
discussed
Cited "see"
State v. Pharr
Ed. 1321 [1933].’ State v. Echols, 170 Conn. 11, 13 , 364 A. 2d 225 (1975).” State v. Gordon, 197 Conn. 413 , 424D-25, 504 A.2d 1020 (1985); see Fair v. Warden, 211 Conn. 398, 413 , 559 A.2d 1094 , cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 108 L.
discussed
Cited "see"
Card v. Blakeslee
See Kimelman v. Colorado Springs, 775 P.2d 51 (Colo.App.1988), ce rt. denied, 493 U.S. 981 , 110 S.Ct. 512 , 107 L.Ed.2d 514 (1989) (declining to create exception to zone of danger requirement for negligent infliction of emotional distress claims relating to funeral accidents).
cited
Cited "see"
Harris v. Commissioner of Correction
See Fair v. Warden, 211 Conn. 398 , 559 A.2d 1094 , cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 108 L.
discussed
Cited "see, e.g."
James v. Commissioner of Correction
See, e.g., Fair v. Warden , 211 Conn. 398 , 405-406, 559 A.2d 1094 , cert. denied, 493 U.S. 981 , 110 S.Ct. 512 , 107 L.Ed.2d 514 (1989) ("[t]rial counsel ... testified at the habeas hearing that he did not pursue a lesser included offense instruction because he believed there was overwhelming evidence supporting the robbery charge" and it was "very important for [him] to preserve some integrity with the jury" [internal quotation marks omitted] ); Franko v. Commissioner of Correction , supra, 165 Conn. App. at 524 , 139 A.3d 798 ("the petitioner's trial counsel, by not seeking a lesser include…
discussed
Cited "see, e.g."
State v. Sanseverino
(2×)
As the majority acknowledges, this court never has directly addressed the question of whether it may modify a conviction to reflect a lesser included offense in the absence of a jury instruction on the lesser included offense. [1] Several of our sister *724 jurisdictions, however, have recognized that "a defendant not only has a right to lesser-included offense instructions on request, but also has a right to forego such instructions for strategic reasons." (Emphasis in original.) State v. Sheppard, 253 Mont. 118, 124 , 832 P.2d 370 (1992); see also Fair v. Warden, 211 Conn. 398, 404 , 559 A.2…
discussed
Cited "see, e.g."
Minnifield v. Commissioner of Correction
“Unless a [petitioner] makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable.” (Internal quotation marks omitted.) Henry v. Commissioner of Correction, supra, 317, citing Strickland v. Washington, supra, 687 ; see also Fair v. Warden, 211 Conn. 398,402 , 559 A.2d 1094 , cert, denied, 493 U.S. 981 , 110 S. Ct. 512 , 107 L.
discussed
Cited "see, e.g."
United States v. Castillo-Garcia
See, e.g., United States v. Nunez, 877 F.2d 1470, 1472 (10th Cir.), cert. denied, 493 U.S. 981 , 110 S.Ct. 513 , 107 L.Ed.2d 515 (1989); United States v. Johnson, 645 F.2d 865, 867 (10th Cir.), cert. denied, 454 U.S. 866 , 102 S.Ct. 329 , 70 L.Ed.2d 168 (1981). 6 .
discussed
Cited "see, e.g."
United States v. Castillo-Garcia
See, e.g., United States v. Nunez, 877 F.2d 1470, 1472 (10th Cir.), cert. denied, 493 U.S. 981 , 110 S.Ct. 513 , 107 L.Ed.2d 515 (1989); United States v. Johnson, 645 F.2d 865, 867 (10th Cir.), cert. denied, 454 U.S. 866 , 102 S.Ct. 329 , 70 L.Ed.2d 168 (1981) 6 Although Mesa-Rincon involved visual, rather than aural, electronic surveillance, the Mesa-Rincon court adopted a "necessity" requirement for the government's use of clandestine television cameras by analogizing to the very provisions of Title III at issue here.
discussed
Cited "see, e.g."
John J. Marchica v. Long Island Railroad Company
See, e.g., Kimelman v. Colorado Springs, 775 P.2d 51, 52 (Colo.Ct.App.1988) (denying recovery for emotional distress to plaintiffs who saw family member’s casket fall headlong into grave, because they were not in the zone of danger), cert. denied, 493 U.S. 981 , 110 S.Ct. 512 , 107 L.Ed.2d 514 (1989); Farrall v. Armstrong Cork Co., 457 A.2d 763 (Del.Super.Ct.1983); Rickey v. Chicago Transit Auth., 98 Ill.2d 546 , 75 Ill.Dec. 211 , 457 N.E.2d 1 (1983). 3.
discussed
Cited "see, e.g."
Brown v. State
(2×)
See also United States v. Nunez, 877 F.2d 1475, 1478 (10th Cir.1989), cert. denied, 493 U.S. 981 , 110 S.Ct. 514 , 107 L.Ed.2d 515 (1989) ("A court should, of course, vigilantly protect a defendant's constitutional rights, but it was never intended that any of these rights be used as a ploy to frustrate the orderly procedures of a court in the administration of justice." (quoting United States v. Lawrence, 605 F.2d 1321, 1325 (4th Cir.1979), cert. denied, 444 U.S. 1084 , 100 S.Ct. 1041 , 62 L.Ed.2d 770 (1980)).
Kucher
v.
Massachusetts
v.
Massachusetts
No. 89-5733.
Supreme Court of the United States.
Nov 27, 1989.
Published
C. A. 1st Cir. Certiorari denied.