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2009
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Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited "see"
United States v. Christian, Desmond
See United States v. Delgado, 903 F.2d 1495, 1499 (11th Cir. 1990), cert. denied, 498 U.S. 1028 (1991) (plea agreements do not operate as admissions by the government that a particular crime was not committed because the government often agrees to accept a plea to a lesser charge for many reasons, including to obtain the cooperation of a defendant in the prosecution of co-defen- dants).
discussed
Cited "see"
United States v. Desmond Christian
See United States v. Delgado, 903 F.2d 1495, 1499 (11th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991) (plea agreements do not operate as admissions by the government that a particular crime was not committed because the government often agrees to accept a plea to a lesser charge for many reasons, including to obtain the cooperation of a defendant in the prosecution of co-defendants).
discussed
Cited "see"
United States v. Perron
See United States v. Albert, 30 M.J. 331, 333 (CMA 1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 672 (1991) (“Even making allowance for [the appellant’s] desire to assure that his family would receive support during any period of confinement, we are convinced beyond any reasonable doubt that, if he had been fully apprised of his pay status as it existed at the time and had been offered a pretrial agreement which limited confinement but included no reference to forfeitures, he would have accepted it and entered the same pleas of guilty.” (emphasis added)).
discussed
Cited "see"
United States v. Perron
See United States v. Albert, 30 M.J. 331, 333 (CMA 1990), cert. denied, 498 U.S. 1028 (1991) (“Even making allowance for [the appellant’s] desire to assure that his family would receive support during any period of confinement, we are convinced beyond any reasonable doubt that, if he had been fully apprised of his pay status as it existed at the time and had been offered a pretrial agreement which limited confinement but included no reference to forfeitures, he would have accepted it and entered the same pleas of guilty.” (emphasis added)).
discussed
Cited "see"
United States v. Williams
(2×)
See United States v. Albert, 30 MJ 331 (CMA 1990), cert, denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 672 (1991); 39 Comp.
discussed
Cited "see"
Chen v. City of Houston
(2×)
See Garza v. County of Los Angeles, 918 F.2d 763, 768-69 (9th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991).
discussed
Cited "see"
DeFries v. Greene County, Ark.
See Meis v. Gunter, 906 F.2d 364, 369 (8th Cir.1990), cert. denied, 498 U.S. 1028 (1991). 4 Finally, DeFries's other arguments on appeal are without merit. 5 Accordingly, we affirm the judgment of the district court.
cited
Cited "see"
Kevin L. DeFries v. Greene County, Ark.
See Meis v. Gunter, 906 F.2d 364, 369 (8th Cir. 1990), cert. denied, 498 U.S. 1028 (1991).
discussed
Cited "see"
United States v. Ross
See United States v. Delgado, 903 F.2d 1495, 1500 (11th Cir.1990) cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991). “[CJonspiracy to commit a particular *981 substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself.” Ingram v. United States, 360 U.S. 672, 678 , 79 S.Ct. 1314, 1319 , 3 L.Ed.2d 1603 (1959) (internal quotation marks and citation omitted) (alteration in original).
discussed
Cited "see"
United States v. Ross
See United States v. Delgado, 903 F.2d 1495, 1500 (11th Cir. 1990) cert. denied, 498 U.S. 1028 (1991). "[C]onspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself." Ingram v. United States, 360 U.S. 672, 678 (1959) (internal quotation marks and citation omitted) (alteration in original).
discussed
Cited "see"
In Re the Arbitration Between Trans Chemical Ltd. & China National MacHiney Import & Export Corp.
See Calhoun, 34 F.3d at 1296 . “[N]ot all unsuccessful legal arguments are frivolous or warrant sanc *311 tion.” Mareno v. Rowe, 910 F.2d 1043, 1047 (2d Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991).
discussed
Cited "see"
United States v. Fernandez
See United States v. Pratt, 913 F.2d 982, 993 (1st Cir.1990), ce rt. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991) (holding that two prior convictions for assault and battery qualify as crimes of violence under section 4B1.1).
cited
Cited "see"
United States v. David Batashvili David Bachakashvili Jonathan Sadov Shura Milman and Svetlana Shkolnik, Yakov Bachakashvili Joseph Chicareli and Jorge Pemberton
See United States v. Cervone, 907 F.2d 332, 341-42 (2d Cir.1990), cert. denied, 498 U.S. 1028 (1991). 10 3.
cited
Cited "see"
United States v. Kenny
See United States v. Cervone, 907 F.2d 332, 341-42 (2d Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 680 , 112 L.Ed.2d 672 (1991).
discussed
Cited "see"
Bonds v. Missouri Department of Mental Health
See Meis v. Gunter, 906 F.2d 364, 368 (8th Cir.1990) (finding no constitutionally protected liberty interest in a Nebraska statute which required committed persons be informed of the rules and policies related to their institutionalization), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 673 (1991).
discussed
Cited "see"
United States v. Martinez
See United States v. Delgado, 903 F.2d 1495, 1499 (11th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991); United States v. Sangmeister, 685 F.2d 1124, 1127 (9th Cir.1982) (“A nolle pro-sequi has been found not the equivalent of an acquittal.”).
discussed
Cited "see"
United States v. Pasquale Amato
Given the balance struck by Rule 8, which “authorizes some prejudice” against the defendant, a defendant who seeks separate trials under Rule 14 carries a heavy burden of showing that joinder will result in “substantial prejudice.” Turoff, 853 F.2d at 1043 ; see United States v. Cervone, 907 F.2d 332, 341 (2d Cir.1990) (defendant must show he was so severely prejudiced by spillover evidence that joint trial constituted a miscarriage of justice), cert. denied, 498 U.S. 1028 , 111 S.Ct. 680 , 112 L.Ed.2d 672 (1991).
discussed
Cited "see"
United States v. Dominic Taddeo
See United States v. Journet, 544 F.2d 633, 636 (2d Cir.1976); see generally United States v. Khan, 869 F.2d 661, 662 (2d Cir.1989), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 674 (1991).
discussed
Cited "see, e.g."
Meza v. Galvin
See Burns v. Richardson, 384 U.S. 73, 92 , 86 S.Ct. 1286 , 16 L.Ed.2d 376 (1966) (“The decision to include or exclude [those ineligible to vote from the apportionment base] involves choices about the nature of representation with which we have been shown no constitutionally founded reason to interfere.”); see also Garza v. County of Los Angeles, 918 F.2d 763 (9th Cir.1990) (upholding remedial reapportionment plan based on total population and rejecting appellant’s argument that apportionment should rely on *61 CVAP), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 678 (1991).
discussed
Cited "see, e.g."
Safe-Strap Co., Inc. v. Koala Corp.
He may be sanctioned for a violation of Rule 11(b)(2) where a reasonable attorney *412 would have concluded that the claim construction proposed by the actual attorney in question was frivolous. 2 Id. at 1073-1074. “ ‘An argument constitutes a frivolous legal position if, under an objective standard of reasonableness, it is clear.. .that there is no chance of success and no reasonable argument to extend, modify or reverse the law as it stands.’ ” Morley, 66 F.3d at 25 (quoting Caisse Nationale de Credit Agricole-CNCA, New York Branch v. Valcorp, Inc. (2d Cir.1994) 28 F.3d 259, 264 ); s…
discussed
Cited "see, e.g."
Stetz v. Reeher Enterprises, Inc.
June 13, 1995); see also Mareno v. Rowe, 910 F.2d 1043, 1045 (2d Cir.1990) (“[PJleadings are to be construed liberally so ‘as to do substantial justice.’ ”) (citation omitted), cert. denied, 498 U.S. 1028 , 111 S.Ct. 681 , 112 L.Ed.2d 673 (1991); Friedlander v. Cimino, 520 F.2d 318, 320 (2d Cir.1975) (per curiam) (“While clarity and precision are desirable in any pleading, the Federal Rules of Civil Procedure ... require ... [a] generalized summary of the claims and defenses, sufficient to afford fair notice to the parties.... ”); 5 Charles A. Wright & Arthur R.
discussed
Cited "see, e.g."
United States v. Palacios
See also United States v. Cervone, 907 F.2d 332, 341 (2d Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 680 , 112 L.Ed.2d 672 (1991); United States v. Carrozza, 728 F.Supp. 266, 269 (S.D.N.Y.1990), aff'd, 956 F.2d 1160 (2d Cir.1992).
discussed
Cited "see, e.g."
United States v. Gerald R. Showerman
See United States v. Renaud, 999 F.2d at 625 ; id. at 624-25 (imposition of three-year term of supervised release after court informed defendant that maximum was one year was harmless error only because the defendant took the position that even upon receiving correct information he did not want to withdraw his plea); see also United States v. Khan, 857 *1528 F.2d 85, 86-88 (2d Cir.1988) (discussed in detail below), modified on reh’g, 869 F.2d 661 (2d Cir.1989), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 674 (1991).
discussed
Cited "see, e.g."
Charles Erwin Askew v. Major Danny Heflin, Maximum Security Unit, Arkansas Department of Correction
Despite the cited policy, there is no indication that serving his punitive-isolation sentence at MSU rather that at Cummins "impose[d] atypical and significant hardship on [Askew] in relation to the ordinary incidents of prison life." See Sandin v. Connor, 115 S. Ct. 2293, 2300 (1995); see also Meis v. Gunter, 906 F.2d 364, 369 (8th Cir.1990) (violation of state law, without more, is not equivalent to violation of Fourteenth Amendment), cert. denied, 498 U.S. 1028 (1991). 4 We also note that Askew failed to present any evidence to show he was in fact similarly situated to other inmates he alle…
cited
Cited "see, e.g."
Hughes Anderson Bagley, Jr., Appellee/cross-Appellant v. Russell Rogerson and Patsy Bozarth, Appellants/cross-Appellees
See, e.g., Meis v. Gunter, 906 F.2d 364, 369 (8th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 673 (1991).
discussed
Cited "see, e.g."
Buckley v. Barlow
See, e.g., Meis v. Gunter, 906 F.2d 364, 369 (8th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 673 (1991). " 'The simple fact that state law prescribes certain procedures does not mean that the procedures thereby acquire a federal constitutional dimension.' " Vruno v. Schwarzwalder, 600 F.2d 124, 130-31 (8th Cir.1979) (quoting Slotnick v. Staviskey, 560 F.2d 31, 34 (1st Cir.1977), cert. denied, 434 U.S. 1077 , 98 S.Ct. 1268 , 55 L.Ed.2d 783 (1978)). 4 We conclude Buckley's first complaint failed to state a claim because no constitutional right was violated by the defend…
discussed
Cited "see, e.g."
Buckley v. Barlow
See, e.g., Meis v. Gunter, 906 F.2d 364, 369 (8th Cir.1990), cert. denied, 498 U.S. 1028 , 111 S.Ct. 682 , 112 L.Ed.2d 673 (1991). “‘The simple fact that state law prescribes certain procedures does not mean that the procedures thereby acquire a federal constitutional dimension.’” Vruno v. Schwarzwalder, 600 F.2d 124, 130-31 (8th Cir.1979) (quoting Slotnick v. Staviskey, 560 F.2d 31, 34 (1st Cir.1977), ce rt. denied, 434 U.S. 1077 , 98 S.Ct. 1268 , 55 L.Ed.2d 783 (1978)).
Retrieving the full opinion text from the archive…
Warne
v.
Superior Court of California, Los Angeles County (Kaiser Permanente Medical Center, Real Parties in Interest)
v.
Superior Court of California, Los Angeles County (Kaiser Permanente Medical Center, Real Parties in Interest)
No. 90-755.
Supreme Court of the United States.
Jan 7, 1991.
498 U.S. 1028
Published
Ct. App. Cal., 2d App. Dist. Certiorari denied.