green
Positive treatment
Quoted verbatim 1×
7.3 score
G Cite
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 29 distinct citers.
How cited ↗
discussed
Cited "but see"
Guerra v. State
(2×)
United States v. Fairchild, 774 F.Supp. 1544, 1552-53 (W.D.Wis.1990); but see United States v. Cochrane, 715 F.Supp. 23, 30-31 (D.R.I.1989), rev'd, 896 F.2d 635, 641-42 (1st Cir.), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited as authority (quoted)
United States v. Correa
n important indi-cia of reliability is the fact that the informant's knowledge was based upon personal observation.
discussed
Cited as authority (rule)
Bay View Packing Co. v. Taff
In Wisconsin, the elements of a common law defamation claim are: "(a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication." Van Straten v. Milwaukee Journal Newspaper-Publisher, 151 Wis. 2d 905, 912 , 447 N.W.2d 105, 108 (Ct. App. 1989) (citation omitted), cert. denied, 496 U.S. 929 *674 (1990).
discussed
Cited "see"
Bowling v. Parker
See Bagby v. Sowders, 894 F.2d 792, 795 (6th Cir.) (en banc) (discussing Beck v. Alabama), cert. denied, 496 U.S. 929 , 110 S.Ct. 2626 , 110 L.Ed.2d 646 (1990). “[I]t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.” Estelle, 502 U.S. at 67-68 , 112 S.Ct. 475 .
discussed
Cited "see"
Baldwin v. Johnson
See Delap v. Dugger, 890 F.2d 285, 304 (11th Cir.1989) (“In judging whether a violation of Hitchcock occurred ... the court must consider the totality of the circumstances.”), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990).
discussed
Cited "see"
Baldwin v. Johnson
See Delap v. Dugger, 890 F.2d 285, 304 (11th Cir. 1989) (“In judging whether a violation of Hitchcock occurred . . . the court must consider the totality of the circumstances.”), cert. denied, 496 U.S. 929 (1990).
discussed
Cited "see"
Elmo Humphrey, III v. Burl Cain, Acting Warden, Louisiana State Penitentiary
See Leecan v. Lopes, 893 *533 F.2d 1434, 1443-44 (2d Cir.) (following precedent and holding that a petitioner who did not object at trial could not obtain a writ where the instruction referred to “a doubt for which a reasonable man can give a valid reason” and failed to state that lack of evidence can be a basis for reasonable doubt), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990); Murphy v. Holland, 776 F.2d 470 , 476-79 & n. 4 (4th Cir.1985) (allowing an instruction referring to “a doubt for which a reason can be given,” “actual and substantial” doubt, and �…
discussed
Cited "see"
Humphrey v. Cain
See Leecan v. Lopes, 893 F.2d 1434, 1443-44 (2d Cir.) (following precedent and holding that a petitioner who did not object at trial could not obtain a writ where the instruction referred to “a doubt for which a reasonable man can give a valid reason” and failed to state that lack of evidence can be a basis for reasonable doubt), cert. denied, 496 U.S. 929 , 110 S. Ct. 2627 , 110 L.
cited
Cited "see"
Phillip J. Bianco v. U.S. Department of Education Connecticut Student Loan Foundation Connecticut Bank & Trust Company, N.A.
See Leecan v. Lopes, 893 F.2d 1434, 1439 (2d Cir.), cert. denied, 496 U.S. 929 (1990).
cited
Cited "see"
Harsco Corp. v. Segui
See Leecan v. Lopes, 893 F.2d 1434, 1435 (2d Cir.) (affirming on alternative grounds), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited "see"
Harsco Corporation v. Rene Segui
See Leecan v. Lopes, 893 F.2d 1434, 1435 (2d Cir.) (affirming on alternative grounds), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990). 70 The district court dismissed the breach of contract claims because "Harsco does not ... allege a breach of any specific representation and warranty contained within § 2.04." The district court may have applied an overly strict pleading standard to Harsco's breach of contract claim.
cited
Cited "see"
Bottoson v. State
See Delap v. Dugger, 890 F.2d 285 , 306 n. 23 (11th Cir.1989), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990).
cited
Cited "see"
United States v. Beasley
See Delap v. Dugger, 890 F.2d 285, 298-99 (11th Cir.1989), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990).
cited
Cited "see"
United States v. Beasley
See Delap v. Dugger, 890 F.2d 285, 298-99 (11th Cir.1989), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990).
cited
Cited "see"
Geoffrey A. Davis v. State of Ohio
See Bagby v. Sowders, 894 F.2d 792, 795 (6th Cir.) (purality opinion) (en banc), cert. denied, 496 U.S. 929 (1990).
discussed
Cited "see"
State v. Jones
See Delap v. Dugger, 890 F.2d 285, 294 (11th Cir. 1989), cert denied, 496 U.S. 929 (1990) (defendant's statement that he was represented by counsel in an unrelated matter did not constitute an equivocal request for counsel); Commonwealth v. Davis, 565 A.2d 458, 459-60 (Pa. Super. 1989) (defendant's statement "I have a lawyer." not an invocation of his fifth amendment right to counsel when made in response to a statement that he had a right to representation at his preliminary arraignment); Doyle v. State, 460 So. 2d 353, 356 (Fla. 1984) (defendant's remark that the attorney who had represented…
cited
Cited "see"
Scotty Ray Leppard v. Walter Chapleau, Warden, Kentucky State Reformatory
See Bagby v. Sowders, 894 F.2d 792, 797 (6th Cir.) (plurality opinion) (en banc), cert. denied, 496 U.S. 929 (1990).
cited
Cited "see"
Jerome Sweezer v. Gene E. Borgert
See Bagby v. Sowders, 894 F.2d 792, 797 (6th Cir.) (plurality opinion) (en banc), cert. denied, 496 U.S. 929 (1990).
discussed
Cited "see, e.g."
Scott v. Fischer
Co., 460 F.3d 400, 405 (2d Cir.2006); see also Leecan v. Lopes, 893 F.2d 1434, 1439 (2d Cir.1990) (“[W]e are free to affirm an appealed decision on any ground which finds support in the record, regardless of the ground upon which the trial court relied.”), cer t. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
cited
Cited "see, e.g."
State v. Keyes
See, e.g., United States v. Cochrane, 896 F.2d 635, 641 (1st Cir.), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited "see, e.g."
Henyard v. State
See Moore v. Dugger, 856 F.2d 129 (11th Cir.1988)(holding defendant's request during interrogation for information about when, in the future, he would be allowed to leave was not attempt to exercise right under Miranda to terminate questioning and remain silent); see also Delap v. Dugger, 890 F.2d 285, 291-93 (11th Cir.1989)(holding defendant's questions to interrogating officers concerning how long it would be before he could go home did not constitute equivocal invocation of Fifth Amendment right to terminate questioning), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990).
discussed
Cited "see, e.g."
Adriano Vargas v. John P. Keane
(2×)
Reasonable doubt as "a doubt for which you can give a reason if called upon to do so by a fellow juror." 17 As the report of the magistrate judge noted, the trial court's characterization of reasonable doubt as "doubt for which you can give a reason if called upon to do so by a fellow juror" is a variation on New York's pattern jury instructions, which define reasonable doubt in part as "a doubt for which some reason can be given." 1 CRIMINAL JURY INSTRUCTIONS (New York) § 3.07, at 92 (1983); see, e.g., People v. Malloy, 55 N.Y.2d 296, 300, 303 , 449 N.Y.S.2d 168, 170, 171 , 434 N.E.2d 237, 2…
cited
Cited "see, e.g."
United States v. Trung Chi Truong
See, e.g., United States v. Cochrane, 896 F.2d 635, 641 (1st Cir.1990), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited "see, e.g."
Nesbitt v. Hopkins
See, e.g., Delap v. Dugger, 890 F.2d 285, 314 (11th Cir.1989), cert. denied, 496 U.S. 929 , 110 S.Ct. 2628 , 110 L.Ed.2d 648 (1990) (where defendant was acquitted of fel ony murder in first trial because trial judge believed evidence insufficient to support theory, but defendant was also convicted at first trial on theory of premeditated murder involving the same victim, and where first conviction set aside on appeal, acquittal on felony-murder theory barred reprosecution for felony murder, but acquittal did not bar re-prosecution and conviction on premeditated murder theory).
cited
Cited "see, e.g."
Ronan Associates, Inc. v. Local 94-94a-94b, International Union of Operating Engineers, Afl-Cio
See, e.g., Leecan v. Lopes, 893 F.2d 1434, 1439 (2d Cir.), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited "see, e.g."
United States v. Michael Lee Matthews and Robert G. Prater
“It goes almost without saying that the fact of post-arrest silence could be used by the prosecution to contradict a defendant who testifies to an exculpatory version of events and claims to have told the police the same version upon arrest.” Id.; see also Leecan v. Lopes, 893 F.2d 1434, 1442 (2d Cir.) (“brief inquiries on cross-examination concerning postarrest silence were warranted by [defendant’s] testimony, which would otherwise have left the clear implication that he had proffered his alibi to the police upon surrender”), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2…
cited
Cited "see, e.g."
New York State National Organization for Women v. Terry
See, e.g., Leecan v. Lopes, 893 F.2d 1434, 1443 (2d Cir.), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990).
discussed
Cited "see, e.g."
New York State National Organization For Women v. Randall A. Terry
See, e.g., Leecan v. Lopes, 893 F.2d 1434, 1443 (2d Cir.), cert. denied, 496 U.S. 929 , 110 S.Ct. 2627 , 110 L.Ed.2d 647 (1990). 14 In addition, our determinations in Terry I constitute the law of the case.
Retrieving the full opinion text from the archive…
Bagby
v.
Sowders, Warden
v.
Sowders, Warden
No. 89-7262.
Supreme Court of the United States.
Jun 11, 1990.
Published
Citer courts: D. Massachusetts (1)
C. A. 6th Cir. Certiorari denied.