green
Positive treatment
Quoted verbatim 3×
9.6 score
“bsent a right to have been housed in a state facility during the time he was confined at ... was not similarly situated for equal protection purposes with state prisoners in state facilities....”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. $206,323.56, More or Less, in United States Currency
But see United States v. McFarley, 991 F.2d 1188, 1191 (4th Cir.), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 342 (1993) (noting that a dog sniff itself is not a search, but that detention of property for a dog sniff does require justification).
examined
Cited as authority (quoted)
Bean v. Montana Board of Labor Appeals
(2×)
adhering to the well-established rule that documents made in anticipation of litigation are inadmissible under the business records exception
discussed
Cited as authority (quoted)
Carrie Contractors, Inc. v. Blount Construction Group of Blount, Inc.
in finding this report inadmissible under rule 803(6), we adhere to the well-established rule that documents made in litigation are inadmissible under the business records exception.
discussed
Cited as authority (quoted)
Kenneth C. Biliski v. Melvin Harborth, Sheriff, Guadalupe County and James A. Collins, Director Tdc.
bsent a right to have been housed in a state facility during the time he was confined at ... was not similarly situated for equal protection purposes with state prisoners in state facilities....
cited
Cited "see"
Ajaj v. United States
See generally Strickler v. Waters, 989 F.2d 1375, 1379, 1381 (4th Cir.1993), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993); Shakka, 71 F.3d at 166 .
cited
Cited "see"
Harksen v. Garratt
See Strickler v. Waters, 989 F.2d 1375, 1380-81 (4th Cir.), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
cited
Cited "see"
Harksen v. Garratt
See Strickler v. Waters, 989 F.2d 1375, 1380-81 (4th Cir.), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
discussed
Cited "see"
Richmond v. Stigile
See Strickler v. Waters, 989 F.2d 1375, 1380-81 (4th Cir.), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993); see also Sweet v. South Carolina Dep’t of Corrections, 529 F.2d 854 (4th Cir.1975).
discussed
Cited "see"
Cardenas v. State
See Rosales v. State, 841 S.W.2d 368, 375 (Tex.Crim.App.1992), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993) (citing Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)).
discussed
Cited "see"
United States v. Furman Lattimore, Jr.
(2×)
LaFave, Search and Seizure § 8.2(f), at 674 (3d ed.1996) (footnote omitted); see United States v. McFarley, 991 F.2d 1188, 1191 (4th Cir.) (noting that "once consent is withdrawn or its limits exceeded, the conduct of the officials must be measured against the Fourth Amendment principles"), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 342 (1993).
discussed
Cited "see"
Garrett v. Gilmore
See Strickler v. Waters, 989 F.2d *558 1375 (4th Cir.), cert. denied, — U.S. —, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993) (to make out prima facie case of denial of access to courts, plaintiff must show actual injury to litigation efforts resulting from defendants’ actions).
cited
Cited "see"
Davidson v. Scully
See Strickler v. Waters, 989 F.2d 1875 , 1385 (4th Cir.), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
discussed
Cited "see"
United States v. Furman Lattimore, Jr.
See United States v. McFarley, 991 F.2d 1188, 1192 (4th Cir.) (announcement that luggage was going to be detained to allow a drug dog to sniff it implicated defendant's Fourth Amendment rights "to the same extent as if the detention were of McFarley's person."), cert. denied, 114 S.Ct. 393 (1993).
discussed
Cited "see"
Staples v. Virginia Department of Corrections
See Strickler v. Waters, 989 F.2d 1375, 1381 (4th Cir.), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993) (holding that to withstand summary judgment on an Eighth Amendment challenge to prison conditions a plaintiff must produce evidence of a serious or significant physical or emotional injury resulting from the challenged conditions). 3 Accordingly, CMS will be GRANTED summary judgment on claims 1-5.
discussed
Cited "see"
State v. Christian
See United States v. Blackburn, 992 F.2d 666, 670 (7th Cir.), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993), The Advisory Committee Note to Rule 803 of the Federal Rules of Evidence (virtually identical to New Mexico’s Rule 11-803(F)) states: The element of unusual reliability of business records is said variously to be supplied by systematic cheeking, by regularity and continuity which produce habits of precision, by actual experience of business in relying upon them, or by a duty to make an accurate record as part of a continuing job or occupation.
cited
Cited "see"
Hamm v. Groose
See Strickler v. Waters, 989 F.2d 1375, 1384-85 (4th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993); McMaster v. Pung, 984 F.2d 948, 953 (8th Cir.1993).
cited
Cited "see"
Hamm v. Groose
See Strickler v. Waters, 989 F.2d 1375, 1384-85 (4th Cir.), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993); McMaster v. Pung, 984 F.2d 948, 953 (8th Cir.1993).
discussed
Cited "see"
KENNETH C. BILISKI v. MELVIN HARBORTH, Sheriff, Guadalupe County and JAMES A. COLLINS, Director TDC
See Strickler v. Waters, 989 F.2d 1375, 1389 (4th Cir.), cert. denied, 114 S. Ct. 393 (1993) ("[A]bsent a right to have been housed in a state facility during the time he was confined at [a local jail] . . . [Plaintiff] was not similarly situated for equal protection purposes with state prisoners in state facilities . . . ."); Kersh v. Bounds, 501 F.2d 585, 588 (4th Cir. 1974) ("[S]ince the county prisoners are treated alike and the Department prisoners are treated alike, . . . there is no equal protection violation."), cert. denied, 420 U.S. 925 (1975).
discussed
Cited "see, e.g."
State v. Fernandez
George v. Lane, supra, 718 F.2d 231 (“the offer of court-appointed counsel to represent a defendant satisfies the constitutional obligation of a state to provide a defendant with legal assistance under the Sixth and Fourteenth Amendments”); see also Strickler v. Waters, 989 F.2d 1375, 1385 (4th Cir.), cert. denied, 510 U.S. 949 , 114 S. Ct. 393 , 126 L.
examined
Cited "see, e.g."
United States v. Lennie Earl Letsinger, (Two Cases)
(4×)
Thus, Letsinger can only maintain that Detective Hanson's statement that he "was going to detain his bag," J.A. at 76, 104, constituted a show of authority sufficient to effect a Fourth Amendment seizure. 17 The general test for a show of authority is whether " 'in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to ["decline the officers' requests or otherwise terminate the encounter"].' " Hodari D., 499 U.S. at 628 , 111 S.Ct. at 1551 (quoting Mendenhall, 446 U.S. at 554 , 100 S.Ct. at 1877 ) (language in brackets from Bosti…
discussed
Cited "see, e.g."
Adriano Vargas v. John P. Keane
(2×)
See, e.g., United States v. Blackburn, 992 F.2d 666, 668 (7th Cir.), cert. denied, 510 U.S. 949 , 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993) (reasonable doubt should not be defined even upon request by the jury).
discussed
Cited "see, e.g."
United States v. Larry E. Reynolds
“An attempt to define reasonable doubt presents a risk without any real benefit.” United States v. Hanson, 994 F.2d 403, 408 (7th Cir.1993); see also United States v. Blackburn, 992 F.2d 666, 668 (7th Cir.) (listing Seventh Circuit cases admonishing that the district court should not try to define reasonable doubt), cert. denied, — U.S. —, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
discussed
Cited "see, e.g."
Kenneth E. Gentry v. Jack R. Duckworth, Superintendent, Indiana State Reformatory
(2×)
See Martin v. Davies, 917 F.2d 336, 340 (7th Cir.1990) (giving as examples of prejudice "court dates missed" and "inability to make timely filings"), cert. denied, 501 U.S. 1208 , 111 S.Ct. 2805 , 115 L.Ed.2d 978 (1991); DeMallory v. Cullen, 855 F.2d 442, 449 (7th Cir.1988) ("Where limitations on library use prevent filing of briefs in time for the court's consideration, those limitations are sufficiently prejudicial to sustain an access-to-courts claim."); see also Strickler v. Waters, 989 F.2d 1375, 1383-85 (4th Cir.) (discussing detriment requirement), cert. denied, --- U.S. ----, 114 S.Ct.…
discussed
Cited "see, e.g."
United States v. Spencer Ray Tilmon
See also United States v. Blackburn, 992 F.2d 666, 668 (7th Cir.) (listing Seventh Circuit cases offering admonition that district court should not try to define reasonable doubt), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
discussed
Cited "see, e.g."
Petrick v. Maynard
See, e.g., Strickler v. Waters, 989 F.2d 1375, 1385-86 (4th Cir.) (local prison law library that supplements limited federal and state resources with Corpus Juris Secundum and an intra-library loan program is constitutionally adequate), cert. denied, --- U.S. ----, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993). 10 In lieu of providing Petrick with an adequate law library, Oklahoma could have offered him "adequate assistance from [a person] trained in the law." Bounds, 430 U.S. at 828, 831 , 97 S.Ct. at 1498, 1500 (providing non-exhaustive list of legal services, other than an adequate library, that s…
discussed
Cited "see, e.g."
Petrick v. Maynard
See, e.g., Strickler v. Waters, 989 F.2d 1375, 1385-86 (4th Cir.) (local prison law library that supplements limited federal and state resources with Corpus June Secundum and an intra-library loan program is constitutionally adequate), cert. denied, - U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993).
discussed
Cited "see, e.g."
Olivo v. Mapp
See,e.g., Strickler v. Waters, 989 F.2d 1375 (4th Cir.), cert. denied, — U.S. -, 114 S.Ct. 393 , 126 L.Ed.2d 341 (1993) (as matter of law, city not liable under § 1983 for actions of sheriff in administration of jail) (dicta); Himple v. Moore, 673 F.Supp. 758 (E.D.Va.1987) (holding same); Sherman v. City of Richmond, 543 F.Supp. 447 (E.D.Va.1982) (same); Wilt v. Mapp, Civ.
Retrieving the full opinion text from the archive…
McFarley
v.
United States
v.
United States
93-5431.
Supreme Court of the United States.
Nov 1, 1993.
Cited by 1 opinion | Published
McFarley
v.
United States.
No. 93-5431.
Supreme Court of United States.
November 1, 1993.
1
Appeal from the C. A. 4th Cir.
2
Certiorari denied. Reported below: 991 F. 2d 1188.