green
Positive treatment
Quoted verbatim 1×
6.1 score
G Cite
cited 4× by 1 distinct case ·
“Matlock’s third-party consent rule applies even when a present subject of the search objects”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 7 distinct citers.
discussed
Cited as authority (quoted)
State v. Brunetti
(2×)
also: Cited "see"
matlock's third-party consent rule applies even when a present subject of the search objects
discussed
Cited "see"
United States v. Robinson
See United States v. Warner, 23 F.3d 287, 290 (10th Cir.1994) cert. denied, 516 U.S. 1152 , 116 S.Ct. 1030 , 134 L.Ed.2d 108 *524 (1996) (holding that Rule 32 clearly contemplated that objections to the PSI must be made prior to sentencing since 32(i)(3)(B) requires a court to rule on objections prior to sentencing).
discussed
Cited "see"
Franco v. State
(2×)
See United States v. Morning, 64 F.3d 531, 536-37 (9th Cir.1995), cert. denied, 516 U.S. 1152 , 116 S.Ct. 1030 , 134 L.Ed.2d 108 (1996)(consent of one cotenant effective against both tenants even where other cotenant objects); see also Willis v. State, 518 S.W.2d 247, 249 (Tex.Crim.App.1975) (evidence obtained in apartment jointly occupied by defendant and girlfriend not subject to suppression where girlfriend consented to search).
discussed
Cited "see"
Richter v. Artuz
See Bentley v. Scully, 851 F.Supp. 586, 604 (S.D.N.Y.), vacated on other grounds, 41 F.3d 818 (2d Cir.1994), cert. denied, 516 U.S. 1152 , 116 S.Ct. 1029 , 134 L.Ed.2d 107 (1996); Engle v. Isaac, 456 U.S. 107 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982).
discussed
Cited "see"
Ray Agard v. Leonard Portuondo, Superintendent of Fishkill Correctional Facility
In determining whether there is prejudicial error we look at three factors: the severity of the misconduct, the measures adopted to cure the misconduct, and the certainty of conviction absent the misconduct." Strouse v. Leonardo, 928 F.2d 548, 557 (2d Cir.1991); see Bentley v. Scully, 41 F.3d 818, 824 (2d Cir.1994), cert. denied, 516 U.S. 1152 , 116 S.Ct. 1029 , 134 L.Ed.2d 107 (1996). 90 In assessing whether Agard's right to due process has been violated, then, we first examine the severity of the prosecutor's misconduct.
discussed
Cited "see, e.g."
Lugo v. Kuhlmann
See, e.g., Bentley v. Scully, 41 F.3d 818, 825 (2d Cir.1994) (denying prosecutorial misconduct claim where prosecution presented “compelling evidence” against petitioner and alleged misconduct was both brief and isolated), cert. denied, 516 U.S. 1152 , 116 S.Ct. 1029 , 134 L.Ed.2d 107 (1996); Strouse v. Leonardo, 928 F.2d 548, 557 (2d Cir.1991) (no violation where “cumulative effect of the prosecutor’s alleged misconduct was not so severe as to amount to the denial of a fair trial” and, absent the misconduct, overwhelming evidence existed against petitioner); Bradley v. Meachum, 918 …
discussed
Cited "see, e.g."
Avincola v. Stinson
See, e.g., Bentley v. Scully, 41 F.3d 818, 825 (2d Cir.1994) (denying prosecuto-rial misconduct claim where prosecution presented “compelling evidence” against petitioner and alleged misconduct was both brief and isolated), cert. denied, 516 U.S. 1152 , 116 S.Ct. 1029 , 116 S.Ct. 1029 , 134 L.Ed.2d 107 (1996); Gonzalez v. Sullivan, 934 F.2d 419, 424 (2d Cir.1991) (although prosecutor made improper statements during summation, no prejudice to defendant where trial court instructed jury that summations were not evidence and case against defendant was strong); Strouse v. Leonardo, 928 F.2d 54…
Zsofka
v.
United States
v.
United States
No. 95-7667.
Supreme Court of the United States.
Feb 26, 1996.
Published
Citer courts: Supreme Court of Connecticut (1)
C. A. 1st Cir. Cer-tiorari denied.