green
Positive treatment
Quoted verbatim 1×
8.6 score
“booth is . . . distinguishable from this case in that the sentence in booth was imposed by a jury of laypersons and, here, the sentences were imposed by a panel of jurists. . . . t is presumed that judges disregard evidence which should not have been admitted.”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
examined
Distinguished
State v. Miguel Mateos-Martinez
booth is . . . distinguishable from this case in that the sentence in booth was imposed by a jury of laypersons and, here, the sentences were imposed by a panel of jurists. . . . t is presumed that judges disregard evidence which should not have been admitted.
discussed
Cited "see"
Com. v. Kammerdeiner, K.
See Commonwealth v. Henry, 569 A.2d 929 , 935- 36 (Pa. 1990), cert. denied, 499 U.S. 931 (1991), abrogated on other grounds by Commonwealth v. Wilson, 861 A.2d 919, 933 (Pa. 2004); Commonwealth v. Sasse, 921 A.2d 1229 , 1238 n.6 (Pa. Super. 2007), appeal denied, 938 A.2d 1052 (Pa. 2007). - 10 - J-S45039-16 In the instant matter, as discussed by the PCRA court in its opinion, counsel suggested presenting an insanity defense, but Appellant refused to consider it because he wanted to claim that the sex was consensual.
discussed
Cited "see"
Com. v. Herder, J.
See Commonwealth v. Henry, 569 A.2d 929 , 935- 36 (Pa. 1990), cert. denied, 499 U.S. 931 (1991), abrogated on other grounds by Commonwealth v. Wilson, 861 A.2d 919, 933 (Pa. 2004); Commonwealth v. Sasse, 921 A.2d 1229 , 1238 n.6 (Pa. Super. 2007), appeal denied, 938 A.2d 1052 (Pa. 2007).
cited
Cited "see"
Northeast Energy Partners, LLC v. Mahar Regional School District Constellation NewEnergy, Inc.
See Concord v. Boston Edison Co., 915 F.2d 17, 19 (1st Cir. 1990), cert. denied, 499 U.S. 931 (1991).
discussed
Cited "see"
JEFFREY R. FERGUSON, — v. DONALD P. ROPER, —
Federal habeas review is not procedurally barred when the state court’s disposition of a federal constitutional claim “fairly appears to rest primarily on federal law.” Coleman v. Thompson, 501 U.S. 722, 735 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991) (quotation omitted); see Walton v. Caspari, 916 F.2d 1352, 1356-57 (8th Cir.1990), ce rt. denied 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991). 3 .
discussed
Cited "see"
Jeffrey R. Ferguson v. Donald P. Roper
Federal habeas review is not procedurally barred when the state court’s disposition of a federal constitutional claim “fairly appears to rest primarily on federal law.” Coleman v. Thompson, 501 U.S. 722, 735 (1991) (quotation omitted); see Walton v. Caspari, 916 F.2d 1352, 1356-57 (8th Cir. 1990), cert. denied 499 U.S. 931 (1991). -5- 288 F.3d 1048, 1051 (8th Cir. 2002), cert. denied, 527 U.S. 1166 (2003).
cited
Cited "see"
Town of Norwood v. New England Power Co.
See Town of Concord v. Boston Edison Co., 915 F.2d 17, 18 (1st Cir.1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991).
cited
Cited "see"
Town of Norwood v. Federal Energy Regulatory Commission
See generally Town of Concord v. Boston Edison Co., 915 F.2d 17, 20 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991).
discussed
Cited "see"
DeHanes v. Rothman
See State v. Harvey, 151 N.J. 117, 199-201 , 699 A.2d 596 (1997) (allowing expert testimony regarding DNA evidence in criminal case), cert. denied, 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed.2d 268 (1991); Rubanick v. Witco Chemical Corp., 125 N.J. 421, 452 , 593 A.2d 733 (1991) (allowing expert opinion evidence on cancer causation even though full scientific consensus not yet reached).
discussed
Cited "see"
Commonwealth v. King
(2×)
See Commonwealth v. Henry, 524 Pa. 135, 159-60 , 569 A.2d 929, 941 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991).
discussed
Cited "see"
Commonwealth v. Elliott
(2×)
See Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991) (torture established when, prior to strangling the victim, the defendant viciously beat, raped and sodomized her, and repeatedly cut her neck with a piece of broken glass and bit her face ); Commonwealth v. Rompilla, 539 Pa. 499 , 653 A.2d 626 (1995) (torture established when victim was alive when defendant inflicted injuries including multiple stab wounds, blunt force injuries, a fractured nose, abrasions, lacerations; victim was stabbed repeatedly and set on fire…
discussed
Cited "see"
Clay Anthony Ford v. Larry Norris
See Walton v. Caspari, 916 F.2d 1352 , 1361— 62 (8th Cir.1990) (finding Swain violation where prosecutor “failed to exclude several white venirepersons who possessed the same allegedly objectionable characteristics as the excluded African-American venirepersons”), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991); Garrett, 815 F.2d at 513-14 (prosecutor’s stated reason for striking three black jurors based on lack of education found pretextual where all three had high school education and one near completion in college while only two jurors remaining on panel had gra…
cited
Cited "see"
National Association of Review Appraisers and Mortgage Underwriters, Inc. v. The Appraisal Foundation the Appraisal Institute American Institute of Real Estate Appraisers Society of Real Estate Appraisers American Society of Appraisers National Society of Real Estate Appraisers, the Appraisal Foundation v. National Association of Real Estate Appraisers, Inc., the Appraisal Foundation v. National Association of Real Estate Appraisers, Inc., National Association of Real Estate Appraisers, Inc., Counter-Plaintiff/appellant v. The Appraisal Foundation the Appraisal Institute American Institute of Real Estate Appraisers Society of Real Estate Appraisers American Society of Appraisers National Society of Real Estate Appraisers, Counter-Defendants/appellees. National Association of Review Appraisers and Mortgage Underwriters, Inc. National Association of Real Estate Appraisers, Inc. v. Roy Morris, National Association of Review Appraisers and Mortgage Underwriters, Inc. National Association of Real Estate Appraisers, Inc. v. Roy G. Green George Hamilton Jones, National Association of Review Appraisers and Mortgage Underwriters, Inc. National Association of Real Estate Appraisers, Inc. v. Joseph S. Durant
See Town of Concord v. Boston Edison Co., 915 F.2d 17, 21 (1st Cir.1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991).
cited
Cited "see"
National Ass'n of Review Appraisers & Mortgage Underwriters, Inc. v. Appraisal Foundation
See Town of Concord v. Boston Edison Co., 915 F.2d 17, 21 (1st Cir.1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991).
discussed
Cited "see"
Commonwealth v. Lee
See Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991) (photographs of cuts and bruises on victim’s body were admissible at penalty phase of defendant’s trial because probative value of vicious nature of killing and prosecutor’s theory that victim had been tortured outweighed any inflammatory effect).
discussed
Cited "see"
United States v. Thomas
See Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert, denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991); Whittington v. State, 252 Ga. 168 , 313 S.E.2d 73 (1984); State v. Monroe, 397 So.2d 1258 (La. 1981), cert, denied, 463 U.S. 1229 , 103 S.Ct. 3571 , 77 L.Ed.2d 1411 (1983).
cited
Cited "see"
Bunnell v. Burlington Northern Railroad
See, State v. Joubert, 235 Neb. 230 , 455 N.W.2d 117 (1990), cert. denied 499 U.S. 931 , 111 S. Ct. 1338 , 113 L.
discussed
Cited "see"
Commonwealth v. Daniels
Commonwealth v. Appel, 517 Pa. 529 , 537-38 n. 2, 539 A.2d 780 , 784 n. 2 (1988); accord Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991).
discussed
Cited "see"
Simmons v. South Carolina
(2×)
See Commonwealth v. Henry, 524 Pa. 135, 160 , 569 A. 2d 929, 941 (1990), cert. denied, 499 U. S. 931 (1991); Commonwealth v. Strong, 522 Pa. 445 , 458 460, 563 A. 2d 479, 485-486 (1989); Eaton v. Commonwealth, 240 Va. 236, 248-249 , 397 S. E. 2d 385, 392-393 (1990), cert. denied, 502 U. S. 824 (1991); O'Dell v. Commonwealth, 234 Va. 672, 701 , 364 S. E. 2d 491, 507 , cert. denied, 488 U. S. 871 (1988).
cited
Cited "see"
State v. Tucker
See, State v. Joubert, 235 Neb. 230 , 455 N.W.2d 117 (1990), cert. denied 499 U.S. 931 , 111 S. Ct. 1338 , 113 L.
discussed
Cited "see, e.g."
State v. Miguel Mateos-Martinez
Judges "are presumably conditioned by education, training and experience to render service of a professional character under a discipline which should involve a high degree of integrity." Ellis v. Gilbert, 19 Utah 2d 189 , 429 P.2d 39, 41 (1967); see also State v. Joubert, 235 Neb. 230 , 455 N.W.2d 117, 130 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991)("Booth is ... distinguishable from this case in that the sentence in Booth was imposed by a jury of laypersons and, here, the sentences were imposed by a panel of jurists.... [I]t is presumed that judges disregard …
discussed
Cited "see, e.g."
Commonwealth v. Whitney
See also, Commonwealth v. Henry, 524 Pa. 135, 155-56 , 569 A.2d 929, 939 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991) (age of twenty years did not establish that appellant was so young and immature that the jury erred in finding that age was not a mitigating factor).
discussed
Cited "see, e.g."
State v. Marcus
See State v. Spann, supra, 130 N.J. at 519-20 , 617 A. 2d 247 (1993); see also State v. Harvey, 121 N.J. 407, 430-431 , 581 A. 2d 483 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed. 2d 268 (1991); State v. King, 215 N.J.
discussed
Cited "see, e.g."
Benjamin v. Aroostook Medical Center
To prevail on a claim of monopolization under § 2 of the Sherman Act, a plaintiff must show that the defendant: (1) has monopoly power in the relevant market; and (2) “has engaged in impermissible exclusionary practices with design or effect of protecting or enhancing its monopoly position.” Id. (quoting Herbert Hovenkamp, Federal Antitrust Policy: The Law of Competition and its Practice § 6.4a (1994)); see also Town of Concord v. Boston Edison Co., 915 F.2d 17, 21 (1st Cir.1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991).
discussed
Cited "see, e.g."
State v. Yothers
Compare State v. Harvey, 121 N.J. 407, 412 , 581 A. 2d 483 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed. 2d 268 (1991), which refers to "knowingly or purposely causing death" as "intentional murder," with Justice Handler's concurring and dissenting opinion in State v. McDougald, 120 N.J. 523, 590 , 577 A. 2d 419 (1990), which refers to "intent-to-kill murder" and "intent to inflict serious bodily injury murder" as "the two forms of intentional murder." Most significantly, the Sponsor's Statement accompanying the Assembly *106 Bill, that "[p]ursuant to the provisions of the bi…
discussed
Cited "see, e.g."
Commonwealth v. Impellizzeri
(2×)
See also Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929, 936 (1990) (experimental evidence is admissible only if the conditions under which the experiment was conducted are substantially similar to those at the time of the event in question), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991).
cited
Cited "see, e.g."
State v. Gregg
See, e.g., State v. Harvey, 121 N.J. 407, 425 , 581 A. 2d 483 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed. 2d 268 (1991).
discussed
Cited "see, e.g."
Ford v. Lockhart
See also Walton v. Caspari, 916 F.2d 1352 (8th Cir.1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1337 , 113 L.Ed.2d 268 (1991) (applying Garrett; reasons for state’s peremptories were pretexts for discrimination).
Retrieving the full opinion text from the archive…
Caro
v.
United States
v.
United States
No. 90-7114.
Supreme Court of the United States.
Mar 18, 1991.
499 U.S. 931
Published
Citer courts: Utah Supreme Court (1)
C. A. 2d Cir. Certiorari denied.