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Positive treatment
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Treatment trajectory · 1994 → 2026 · click a year to view as-of
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2010
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
United States v. Keith Thompson
In Fountain, a panel of this Court held that when police obtain a warrant to search a home they "may detain persons found on the premises during the search, and they make take such reasonable action as is necessary to protect themselves during the execution of the warrant." Id. at 663-64. 16 Under Fountain, the seizure of Defendant was reasonable under the circumstances.
discussed
Cited "see"
Raul Rodriguez v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
See Williams v. Whitley, 994 F.2d 226, 231 (5th Cir.), cert. denied, 510 U.S. 1014 , 114 S.Ct. 608 , 126 L.Ed.2d 572 (1993); Woods, 933 F.2d at 323 n. 3; Schouest v. Smith, 914 F.2d 713, 715 (5th Cir.1990), modified, Schouest v. Whitley, 927 F.2d 205 (5th Cir.1991). 2 .
discussed
Cited "see"
Crosby v. Hare
See United States v. Fountain, 2 F.3d 656, 666 (6th Cir.) (agents’ handcuffing of defendant during execution of warrant to search residence in which he was present did not turn encounter into arrest requiring probable cause), cert. denied, 510 U.S. 1014 , 114 S.Ct. 608 , 126 L.Ed.2d 573 (1993); and Howard v. Schoherle, 907 F.Supp. 671, 677 (S.D.N.Y.1995) (decision to handcuff occupants of apartment when police entered apartment to execute search warrant “was undeniably lawful”).
discussed
Cited "see"
Duane Smith, Also Known as Jameel Hakeem, Also Known as Duane Thomas v. United States
See Williams v. Whitley, 994 F.2d 226, 231-32 (5th Cir.), cert. denied, 114 S.Ct. 608 (1993); United States v. Flores, 981 F.2d 231 , 236 n. 9 (5th Cir.1993); Gayle v. Mann, 966 F.2d 81, 85 (2d Cir.1992). 9 In this case, Smith anticipated the charge of abuse of the writ by including with the memorandum supporting his motion to vacate an "Affidavit Showing Cause for Successive Petitions." In addition, his opposition to the government's motion to dismiss concedes that his petition is successive and, again, attempts to show cause.
discussed
Cited "see"
State v. Phipps
(2×)
See United States v. Fountain, 2 F.3d 656, 663 (6th Cir.1993), cert. denied, McEaddy v. U.S., — U.S. -, 114 S.Ct. 608 , 126 L.Ed.2d 573 (1993); United States v. Pace, 898 F.2d 1218, 1239 (7th Cir.1990), cert. denied, Cialoni v. U.S., 497 U.S. 1030 , 110 S.Ct. 3286 , 111 L.Ed.2d 795 (1990).
discussed
Cited "see"
Garavaglia v. Budde
See United States v. Fountain, 2 F.3d 656, 660-63 (6th Cir.) (applying Summers to detention during search for narcotics), cert. denied, 114 S.Ct. 608 (1993); United States v. Cochran, 939 F.2d 337, 338-39 (6th Cir.1991) (same), cert. denied, 112 S.Ct. 1166 (1992); Hill v. McIntyre, 884 F.2d 271, 278 (6th Cir.1989) (same); see also Bills v. Aseltine, 958 F.2d 697, 704 (6th Cir.1992) (discussing Summers ).
discussed
Cited "see"
United States v. Steven Brian Niemi
See United States v. Fountain, 2 F.3d 656, 669-70 (6th Cir.) ("Absent 'plain error,' this court will not address claims of alleged misapplication of the guidelines unless the defendant first raised the claim before the district court."), cert. denied, 114 S.Ct. 608 (1993).
cited
Cited "see"
Alfredo Lugo v. John P. Keane
Accord Williams v. Whitley, 994 F.2d 226, 232 (5th Cir.), cert. denied, — U.S. -, 114 S.Ct. 608 , 126 L.Ed.2d 572 (1993); United States v. Fallon, 992 F.2d 212, 213 (8th Cir.1993).
discussed
Cited "see"
RAUL RODRIGUEZ v. GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION
See Williams v. Whitley, 994 F.2d 226, 231 (5th Cir.), cert. denied, 114 S.Ct. 608 (1993); Woods, 933 F.2d at 323 n.3; Schouest v. Smith, 914 F.2d 713, 715 (5th Cir. 1990), modified, Schouest v. Whitley, 927 F.2d 205 (5th Cir. 1991). 5 new or successive habeas claim.
Retrieving the full opinion text from the archive…
Dowell
v.
Lensing, Warden
v.
Lensing, Warden
93-6222.
Supreme Court of the United States.
Dec 6, 1993.
Published
Dowell
v.
Lensing, Warden, et al.
No. 93-6222.
Supreme Court of United States.
December 6, 1993.
1
Appeal from the C. A. 5th Cir.
2
Certiorari denied. Reported below: 996 F. 2d 306.