green
Positive treatment
Trending · 67 recent citers
Quoted verbatim 1×
6.3 score
“because this inquiry involves a question of law, there is no reason we cannot, in our discretion, decide it in the first instance.”
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Estate of Tyler S. Rushing v. Ag Private Protection, Inc.
because this inquiry involves a question of law, there is no reason we cannot, in our discretion, decide it in the first instance.
discussed
Cited as authority (rule)
Farnsworth v. Armstrong
City of Bellingham v. DeBoer, 532 U.S. 992 15 (2001), for the premise that “when the defendants’ conduct is so patently violative of the 16 constitutional right that reasonable officials would know without guidance from the courts’ that 17 the action was unconstitutional, closely analogous pre-existing case law is not required to show 18 that the law is clearly established.” Id. (internal citation and quotation is omitted.) But Nee’s lack 19 of common sense does not mean her conduct was so patently violative of Farnsworth’s Eighth 20 Amendment rights.
discussed
Cited "see"
State ex rel. S.G.
See Mickens v. Greene, 74 F.Supp.2d 586, 604 (E.D.Va.1999), judgment aff'd, sub nom, Mickens v. Taylor, 240 F. 3d 348 (4th Cir.(Va.) 2001), cert. granted in part, 532 U.S. 970 , 121 S.Ct. 1651 , 149 L.
cited
Cited "see"
Commonwealth v. Thomas
See Mickens v. Taylor, 240 F.3d 348, 361 (4th Cir.), certiorari granted in part, - U.S. -, 121 S.Ct. 1651 , 149 L.Ed.2d 467 (2001).
examined
Cited "see, e.g."
Wingfield v. State ex rel. Department of Transportation & Development
(3×)
Compare Duncan v. Kansas City Southern Railway Co., 2000-0066, p. 7 (La.10/30/00), 773 So.2d 670, 678 , cert. denied, 532 U.S. 992 , 121 S.Ct. 1651 , 149 L.Ed.2d 508 (2001) (The federal act contained an express preemption provision.).
examined
Cited "see, e.g."
Wingfield v. STATE, DEPT. OF TRANSP.
(3×)
Compare Duncan v. Kansas City Southern Railway Co., XXXX-XXXX, p. 7 (La.10/30/00), 773 So.2d 670, 678 , cert. denied, 532 U.S. 992 , 121 S.Ct. 1651 , 149 L.Ed.2d 508 (2001) (The federal act contained an express preemption provision.).
discussed
Cited "see, e.g."
Yarbrough v. Commonwealth
See, e.g., Overton v. Commonwealth, 260 Va. 599 , 539 S.E.2d 421 (2000), cert. denied, _ U.S. _, 121 S.Ct. 1651 (2001); Fry v. Commonwealth, 250 Va. 413 , 463 S.E.2d 433 (1995), cert. denied, 517 U.S. 1110 (1996); Bennett v. Commonwealth, 236 Va. 448 , 374 S.E.2d 303 (1988), cert. denied, 490 U.S. 1028 (1989); Turner v. Commonwealth, 234 Va. 543 , 364 S.E.2d 483 , cert. denied, 486 U.S. 1017 (1988); Correll v. Commonwealth, 232 Va. 454 , 352 S.E.2d 352 , cert. denied, 482 U.S. 931 (1987); Wise v. Commonwealth, 230 Va. 322 , 337 S.E.2d 715 (1985), cert. denied, 475 U.S. 1112 (1986); Boggs v. Co…
discussed
Cited "see, e.g."
United States v. Changtin
Under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a plaintiff asserting a claim for ineffective assistance of counsel must show (1) that her counsel’s performance was below the level expected of a reasonably competent attorney, and (2) that there is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694 , 104 S.Ct. 2052 ; see also Mickens v. Taylor, 240 F.3d 348, 359-60 (4th Cir.2001) (en banc) (holding that a habeas petitioner asserting a conflict of interest of w…
Retrieving the full opinion text from the archive…
Duncan
v.
Kansas City Southern Railway Co.
v.
Kansas City Southern Railway Co.
No. 00-1396.
Supreme Court of the United States.
Apr 17, 2001.
Cited by 45 opinions | Published
Citer courts: Ninth Circuit (1)
Sup. Ct. La. Certiorari dismissed under this Court’s Rule 46.1.