green
Positive treatment
Quoted verbatim 4×
11.7 score
G Cite
cited 2× by 2 distinct cases, last quoted 2000 ·
…a trial court's following of an accepted pattern jury instruction weighs heavily against any finding of plain error.
⚠ not in text
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999
2012
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Smathers
the defendant is in the best position to know what he has returned to the victim and has the strongest incentive to litigate the issue
examined
Cited as authority (quoted)
Dudley v. United States
district court must screen prisoner complaints and dismiss those that are frivolous or malicious and those that fail to state a claim or seek monetary relief from a defendant who is immune from such relief.
discussed
Cited as authority (quoted)
Ferguson v. State
a trial court's following of an accepted pattern jury instruction weighs heavily against any finding of plain error.
discussed
Cited as authority (quoted)
Ferguson v. State
a trial court's following of an accepted pattern jury instruction weighs heavily against any finding of plain error.
cited
Cited "see"
Price v. Dunn
See Price , 725 So. 2d 1003 , aff'd, Ex parte Price , 725 So. 2d 1063 (Ala. 1998), cert. denied, 526 U. S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
cited
Cited "see"
Christopher Lee Price v. Commissioner, Alabama Department of Corrections
See Price v. Alabama , 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
cited
Cited "see"
Price v. Dunn
See Price v. Alabama , 526 U.S. 1133 [ 119 S.Ct. 1809 , 143 L.Ed.2d 1012 ] ... (1999).
cited
Cited "see"
Christopher Price v. Commissioner, Alabama Department of Corrections
See Price v. Alabama, 526 U.S. 1133 (1999).
discussed
Cited "see"
State v. Jackson
(2×)
See State v. Guevara, 349 N.C. 243, 249 , 506 S.E.2d 711, 716 (1998), cert. denied, 526 U.S. 1133 , 143 L.
discussed
Cited "see"
Bartee v. Quarterman
See Fuller v. Johnson, 158 F.3d 903, 908 (5th Cir.1998) (holding a convicted capital murder defendant’s complaint that one of his jurors was disqualified from jury service under Texas law failed to assert a basis for federal habeas relief in the absence of a showing the juror’s service rendered the entire trial fundamentally unfair), ce rt. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999). 2.
discussed
Cited "see"
State v. Allen
See State v. Guevara, 349 N.C. 243, 259 , 506 S.E.2d 711, 721-22 (1998), cert. denied, 526 U.S. 1133 (1999); State v. McCollum, 334 N.C. 208, 220-22 , 433 S.E.2d 144, 150-51 (1993), cert. denied, 512 U.S. 1254 (1994).
cited
Cited "see"
Wiley v. Mangrum
See Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
discussed
Cited "see"
Cervantes Salazar v. Dretke
See Fuller v. Johnson, 158 F.3d 903, 908 (5th Cir.1998) (holding a convicted capital murder defendant’s complaint that one of his jurors was disqualified from jury service under Texas law failed to assert a basis for federal habeas relief in the absence of a showing the juror’s service rendered the entire trial fundamentally unfair), ce rt. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
cited
Cited "see"
Turner v. State
See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
discussed
Cited "see"
Stallworth v. State
See Price v. State, 725 So.2d 1003 (Ala.Crim.App.1997), aff'd, 725 So.2d 1063 (Ala.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999); Barbour v. State, 673 So.2d 461, 471 (Ala.Crim.App.1994), aff'd, 673 So.2d 473 (Ala.1995), cert. denied, 518 U.S. 1020 , 116 S.Ct. 2556 , 135 L.Ed.2d 1074 (1996); Hallford v. State, 548 So.2d 526, 546 (Ala.Crim.App.1988), aff'd, 548 So.2d 547 (Ala.1989), cert. denied, 493 U.S. 945 , 110 S.Ct. 354 , 107 L.Ed.2d 342 (1989).
cited
Cited "see"
State of Tennessee v. Olivia Washburn
See Ex parte Price, 725 So. 2d 1063, 1070 (Ala. 1998), cert. denied, 526 U.S. 1133 , 119 S. Ct. 1809 , 143 L.
cited
Cited "see"
Key v. State
See Price v. State, [ 725 So.2d 1003 (Ala.Cr.App.1997), aff'd, 725 So.2d 1063 (Ala.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999)].
discussed
Cited "see"
State v. Frazier
See id. at 729 , 411 S.E.2d at 196 (factors to consider to determine if probable cause exists to arrest). 1 In addition, an exigent circumstance is found to exist in the “presence of an emergency or dangerous situation,” State v. Guevara, 349 N.C. 243, 250 , 506 S.E.2d 711, 716 (1998), cert. denied, 526 U.S. 1133 , 143 L.
cited
Cited "see"
Sorrells v. Correctional Offcrs
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). 2 Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998), cert. denied, 526 U.S. 1133 (1999).
discussed
Cited "see"
State v. Golphin
See State v. Guevara, 349 N.C. 243, 258 , 506 S.E.2d 711, 721 (1998) (holding the State’s argument “merely focused the jury’s attention on the seriousness of the crime and the importance of the jury’s duty” and did not constitute a general deterrence argument), cert. denied, 526 U.S. 1133 , 143 L.
cited
Cited "see"
Curry v. Johnson
See Fuller v. Johnson, 158 F.3d 903, 906 (5th Cir. 1998), cert. denied, 526 U.S. 1133 (1999); 28 U.S.C. § 2254 (b)(1)(A)(failure to exhaust state remedies). 5.
cited
Cited "see"
State v. Blakeney
See State v. Guevara, 349 N.C. 243, 257 , 506 S.E.2d 711, 721 (1998), cert. denied, 526 U.S. 1133 , 143 L.
discussed
Cited "see"
United States v. Norris
(2×)
See United States v. Sheinbaum, 136 F.3d 443, 449 (5th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1808 , 143 L.Ed.2d 1011 (1999). 11 .
discussed
Cited "see"
Norwood v. Bain
Justice O'Connor, writing only for herself, identified two other factors, in addition to the difference between the damages sought and the amount recovered, that she would consider in determining the degree of a plaintiff's success:"the significance of the legal issue on which the plaintiff claims to have prevailed" and whether the plaintiff's success "also accomplished some public goal other than occupying the time and energy of counsel, court, and cli- ent." Id. at 121-22 (O'Connor, J., concurring); see Brandau v. Kansas, 168 F.3d 1179, 1181-83 (10th Cir.) (applying the factors identified by…
cited
Cited "see"
Wilson v. State
See Price v. State, 725 So.2d 1003, 1035 (Ala.Cr.App. 1997), aff'd, 725 So.2d 1063 (Ala.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999).
discussed
Cited "see"
Dalal v. Alliant Techsystems, Inc.
See Brandau v. Kansas, 168 F.3d 1179, 1181, 1183 (10th Cir.1999) (affirming $42,-000 in fees to a Title VII plaintiff who had succeeded on one of four claims and had been awarded $1.00 in damages), cert. denied, — U.S. -, 119 S.Ct. 1808 , 143 L.Ed.2d 1012 (1999); Gudenkauf v. Stauffer Communications, Inc., 158 F.3d 1074, 1076 (10th Cir.1998) (affirming award of fees and costs to plaintiff who had failed to recover backpay, damages, or get reinstatement under Pregnancy Discrimination Act); Koopman v. Water Dist.
cited
Cited "see"
GEORGE RAY LATSON v. UNIDENTIFIED FLASOWSKI, Lieutenant; B. SCEARCE, Correctional Officer III
See Underwood v. Wilson, 151 F.3d 292, 293 (5th Cir. 1998), cert. denied, 526 U.S. 1133 (1999).
discussed
Cited "see, e.g."
United States v. Brennan
(2×)
The other circuits, however, have generally held that “a release by the victim does not preclude or cap restitution of losses as part of criminal sentencing in a case where there is no double recovery.” United States v. Parsons, 141 F.3d 386, 393 (1st Cir.1998) (citing United States v. Savoie, 985 F.2d 612, 619 (1st Cir.1993)); see also United States v. Sheinbaum, 136 F.3d 443, 448 (5th Cir.1998) (concluding “that district courts possess the discretion to impose restitution orders in spite of civil settlements” because of “the rehabilitative and retributive functions” of restitutio…
discussed
Cited "see, e.g."
Simms v. Chaisson
(2×)
See Hyde v. Small, 123 F.3d 583, 585 (7th Cir. 1997) (“[w]hen the civil rights plaintiff aims small, and obtains an amount that is significant in relation to that aim [it need not reach the target], he is prima facie entitled to an award of fees”); see also Brandau v. Kansas, 168 F.3d 1179, 1180-83 (10th Cir.) (affirming substantial fee award because, in part, difference between damages *329 sought and nominal damages recovery was not as severe as in Farrar), cert. denied, 526 U.S. 1133 , 119 S. Ct. 1808 , 143 L.
discussed
Cited "see, e.g."
State v. Augustine
Frazier, 344 N.C. at 616-17 , 476 S.E.2d at 300-01 ; see also State v. Guevara, 349 N.C. 243, 258 , 506 S.E.2d 711, 721 (1998) (the prosecutor’s argument in sentencing proceeding of a capital case describing the actions of the defendant as “despicable” did not deny the defendant fundamental fairness), cert. denied, 526 U.S. 1133 , 143 L.
examined
Cited "see, e.g."
United States v. Jack Bearden
(3×)
The other circuits, however, have generally held that "a release by the victim does not preclude or cap restitution of losses as part of criminal sentencing in a case where there is no double recovery." United States v. Parsons, 141 F.3d 386, 393 (1st Cir. 1998) (citing United States v. Savoie, 985 F.2d 612, 619 (1st Cir. 1993)); see also United States v. Sheinbaum, 136 F.3d 443, 448 (5th Cir. 1998) (concluding "that district courts possess the discretion to impose restitution orders in spite of civil settlements" because of "the rehabilitative and retributive functions" of restitution), cert.…
discussed
Cited "see, e.g."
A.N.R. Ex Rel. Reed v. Caldwell
See also Underwood v. Wilson, 151 F.3d 292, 295 (5th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (§ 1997e(a) contains “precisely the type of language” that does not limit federal jurisdiction).
Retrieving the full opinion text from the archive…
Meece, dba American Wholesale Jewelry
v.
Rolex Watch, U. S. A., Inc.
v.
Rolex Watch, U. S. A., Inc.
No. 98-1674.
Supreme Court of the United States.
May 24, 1999.
Cited by 2 opinions | Published
C. A. 5th Cir. Certiorari denied.