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Positive treatment
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Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
discussed
Cited "see"
George L. Fuller v. Michael Bowersox and Jeremiah (Jay) Nixon, Attorney General, State of Missouri
See Tinsley v. Borg, 895 F.2d 520, 528-29 (9th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); see also Hunley v. Godinez, 975 F.2d 316, 319 (7th Cir.1992) (per curiam), summarizing cases where circumstances failed to allow a presumption of bias.
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Cited "see"
George L. Fuller v. Mike Bowersox
See Tinsley v. Borg, 895 F.2d 520, 528-29 (9th Cir. 1990), cert. denied, 498 U.S. 1091 (1991); see also Hunley v. Godinez, 975 F.2d 316, 319 (7th Cir. 1992) (per curiam), summarizing cases where circumstances failed to allow a presumption of bias.
cited
Cited "see"
United States v. Rutherford
See United States v. Weaver, 905 F.2d 1466, 1481 (11th Cir.1990), ce rt. denied sub nom. 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
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Cited "see"
Pahuta v. Massey-Ferguson, Inc.
Because they are not "final," they are not ordinarily appealable. 28 U.S.C. § 1291 ; see United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); Clark v. Kraftco Corp., 447 F.2d 933, 934 (2d Cir.1971); see also Firestone Tire & Rubber Co., 449 U.S. at 373-74 , 101 S.Ct. 669 . 4 True, we have held that summary judgment denials can be appealed once final judgment is entered if there has been no intervening trial on the merits.
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Cited "see"
Pahuta v. Massey-Ferguson, Inc.
Because they are not “final,” they are not ordinarily appealable. 28 U.S.C. § 1291 ; see United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); Clark v. Kraftco Corp, 447 F.2d 933, 934 (2d Cir.1971); see also Firestone Tire & Rubber Co., 449 U.S. at 373-74 , 101 S.Ct. 669 . 4 True, we have held that summary judgment denials can be appealed once final judgment is entered if there has been no intervening trial on the merits.
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Cited "see"
Ravi Nathan v. Boeing Company, a Delaware Corporation
See Tinsley v. Borg, 895 F.2d 520, 529 (9th Cir.1990) (“Th[e] combination [in Allsup of employee status and the reasonable apprehension of violence] added up to presumed bias.”), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); United States v. Clabaugh, 589 F.2d 1019 , 1023 n. 3 (9th Cir.1979) (“Bias [in Allsup ] was inferred, despite the jurors’ untested claim of impartiality, because their employment subjected them to the same threat of violence.”).
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Cited "see"
United States v. Emory Chiles
See United States v. Levy, 904 F.2d 1026 (6th Cir.1990) (the Act's enhanced sentencing ratio of 1 to 100 for crack cocaine to cocaine powder does not violate the Eighth Amendment), cert. denied, 498 U.S. 1091 (1991); United States v. Pickett, 941 F.2d 411, 418 (6th Cir.1991) (the Act's enhanced sentencing ratio of 1 to 100 for crack cocaine to cocaine powder does not violate either substantive due process or the Eighth Amendment); United States v. Avant, 907 F.2d 623 (6th Cir.1990) (the Act's enhanced sentencing ratio of 1 to 100 for crack cocaine to cocaine powder does not violate the Equal P…
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Cited "see"
Harold Brady v. Melody L. Turner
See United States v. Levy, 904 F.2d 1026, 1031 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 6 As there was sufficient evidence to support the conviction, Brady's argument that the jury "wanted" to convict him of a lesser included offense is inconsequential.
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Noah Hancock Simmons, II v. Albert Meller, Detective, Steven Chimil, Detective, Louis Scarscella, Detective, Lee Brown
See United States v. 228 Acres, 916 F.2d 808 , 810-11 (2d Cir.1990), cert. denied, 498 U.S. 1091 (1991) (an order denying summary judgment cannot by itself be the basis for an appeal because it is not final); Richardson Greenshields Sec., Inc. v. Lau, 825 F.2d 647, 651 (2d Cir.1987) (order denying a motion to amend pleading is not appealable as a final decision). 5 We therefore affirm.
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Cited "see"
United States v. Christopher Gordon Conner
See United States v. Levy, 904 F.2d 1026, 1030 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 5 There was sufficient evidence to support Conner's conviction for threatening a federal officer.
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Cited "see"
United States v. Carlos
See United States v. Levy, 904 F.2d 1026, 1034 (6th Cir.1990) (“Under section 841(b)(1)(B), the district court determines the quantity and type of controlled substance for the purpose of sentencing.”), cer t. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
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Cited "see"
United States v. Thaddeus Lawrence Lach
See Tinsley v. Borg, 895 F.2d 520, 532 (9th Cir.1990), cert. denied, 498 U.S. 1091 (1991); United States v. Schaflander, 743 F.2d 714, 718 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985).
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Cited "see"
William M. Young v. United States
See United States v. Levy, 904 F.2d 1026, 1031 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 7 Young's second claim regarding his sentence calculation is also not reviewable under Sec. 2255 as it does not present a constitutional challenge.
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United States v. Michelle's Lounge
See Monsanto IV, 924 F.2d at 1198-99 . . 19 U.S.C. § 1615 provides in part that “In all suits or actions ... brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized ... where the property is claimed by one person, the burden of proof shall lie upon such claimant ... [pjrovided, that probable cause shall be first shown for the institution of such suit....” .Several courts have upheld the constitutionality of this allocation of the burden of proof, see, e.g., United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 814 (2d Cir.1990), cert. denied, 4…
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Cited "see"
Andrew Lewis McCarter v. Brian Gunn, Warden
See Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 7 McCarter also maintains that the trial court's questioning of a defense witness unfairly assisted the prosecution.
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Cited "see"
Andrews v. Collins
See Tinsley v. Borg, 895 F.2d 520, 529 (9th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991). 12 .
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Cited "see"
Eric Lynn Ullrich v. Ron Angelone
See Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990) (evidentiary hearing required only if petitioner's allegations would establish a right to relief), cert. denied, 498 U.S. 1091 (1991)
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Cited "see"
Myron Newsome v. Dennis Baker, Warden
See United States v. Levy, 904 F.2d 1026, 1031 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 12 Finally, the instance of alleged ineffectiveness of appellate counsel does not rise to a level of a constitutional dimension.
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Cited "see"
Roger D. Staton v. Al C. Parke, Warden
See United States v. Levy, 904 F.2d 1026, 1031 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 17 Second, when considered in the context of the instructions as a whole, there was no error of a constitutional magnitude by the trial court structuring the extreme emotional disturbance instruction differently than the instruction tendered by Staton.
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Cited "see"
Calvin Black v. United States
See United States v. Levy, 904 F.2d 1026 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 4 Black then filed his first motion to vacate his sentence under Sec. 2255 contending that his conviction should be set aside because the evidence of his arrest and the seizure of cocaine should have been suppressed; that his counsel was ineffective for failing to have that evidence suppressed and for failing to appeal the suppression hearing issues; and that the prosecutor's closing argument violated his right to a fair trial.
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Cited "see"
United States v. Daccarett
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811-12 (2d Cir.1990) (Whites Hill), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
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Cited "see"
United States Court of Appeals, Second Circuit
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811-12 (2d Cir.1990) (Whites Hill ), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991). 90 Since 1986 our caselaw has consistently relied on Banco Cafetero for the proposition that, to establish probable cause, the government must have "reasonable grounds" to believe the property is subject to forfeiture, and that these grounds must rise above the level of "mere suspicion". 797 F.2d at 1160 .
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Cited "see"
United States v. All Funds Presently on Deposit or Attempted to Be Deposited in Any Accounts Maintained at American Express Bank
See United States v. 228 Acres of Land, 916 F.2d 808 , 814 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
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Cited "see"
United States v. Shu Yan Eng
See United States v. 228 Acres of Land & Dwelling Located on Whites Hill Road in Chester, Vt., 916 F.2d 808, 813-14 (2d Cir.1990) (claimant-appellant’s “attempts to conceal his income and assets, ... his unexplained accumulation of the substantial cash used to acquire the forfeited parcels, and his demonstrably false claim that he had paid for these parcels with income from businesses on which the ‘income taxes were paid,’ ” were factors establishing probable cause that properties were proceeds traceable to illegal drug activities, as required for civil forfeiture under 21 U.S.C. § …
discussed
Cited "see"
United States v. Shu Yan Eng
See United States v. 228 Acres of Land & Dwelling Located on Whites Hill Road in Chester, Vt., 916 F.2d 808, 813-14 (2d Cir.1990) (claimant-appellant's "attempts to conceal his income and assets, ... his unexplained accumulation of the substantial cash used to acquire the forfeited parcels, and his demonstrably false claim that he had paid for these parcels with income from businesses on which the 'income taxes were paid,' " were factors establishing probable cause that properties were proceeds traceable to illegal drug activities, as required for civil forfeiture under 21 U.S.C. § 881 ), cer…
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Cited "see"
United States v. Reginald Reece
See United States v. Levy, 904 F.2d 1026, 1032 (6th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
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Cited "see, e.g."
United States v. Abbell
See, e.g., United States v. Stuckey, 917 F.2d 1537 (11th Cir. 1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
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Cited "see, e.g."
Simmons v. Blodgett
See also Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (on federal habeas corpus review, the question of the partiality of an individual juror is not a question of mixed law and fact, but rather “it is plainly one of historical fact”), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991).
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Cited "see, e.g."
Gerlaugh v. Lewis
Id.; see also Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (in post-trial hearing factual determination may be implied by actions taken by court), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); Clark v. Ricketts, 958 F.2d 851, 858 (9th Cir.1991) (noting that “[t]he due process clause does not require that the sentencing court exhaustively document its analysis of each mitigating factor as long as a reviewing federal court can discern from the record that the state court did indeed consider all mitigating evidence offered by the defendant”).
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Cited "see, e.g."
United States v. Hazel Little, Jim L. Townsend
See, e.g., United States v. Levy, 904 F.2d 1026, 1035 (6th Cir.1990), cert. denied, 498 U.S. 1091 (1991). 36 Finally, Townsend argues that his sentence was improperly enhanced under the Sentencing Guidelines by two prior state court convictions entered September 4, 1980, and November 8, 1983.
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Cited "see, e.g."
Reese v. City of Dothan
Compare Richardson v. City of Trussville , 492 So.2d 625 , 628-29 (Ala.Cr.App. 1985) (vindictiveness clear where circuit court announced at docket call that a conviction on an appeal from municipal court would receive a longer sentence) with Steeley v. State , 567 So.2d 398 , 400-02 (Ala.Cr.App. 1989), cert. denied, 567 So.2d 403 (Ala. 1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991) (no finding of vindictiveness where circuit court made comments questioning the appellant's motives for appealing to the circuit court); Howell v. City of Birmingham , 383 So.2d 567 , 5…
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Cited "see, e.g."
United States v. Teeven
See e.g., United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 814 (2d Cir.1990) (We find nothing unconstitutional in Congress's allocation of the burdens of proof in forfeiture cases), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 ; United States v. Santoro, 866 F.2d 1538, 1543 (4th Cir.1989) (The way the burden of proof is allocated does not violate due process); United States v. $250,-000 In U.S. Currency, 808 F.2d 895 (1st Cir.1987) (Congress may generally alter the traditional allocation of the burden of proof without compromising due process unless the statute …
Retrieving the full opinion text from the archive…
Krain
v.
George and Krain v. University of Michigan Hospital
v.
George and Krain v. University of Michigan Hospital
No. 90-1116.
Supreme Court of the United States.
Feb 19, 1991.
498 U.S. 1091
Published
C. A. 7th Cir. Certio-rari denied.