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Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
2015
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
cited
Cited "see"
United States v. Fell
See United States v. Fell, 360 F.3d 135 (2d Cir.2004) (“Fell I”), cert. denied, 543 U.S. 946 , 125 S.Ct. 369 , 160 L.Ed.2d 259 (2004).
discussed
Cited "see"
United States v. Pepin
See 27 United States v. Fell, 360 F.3d 135, 140-41 (2d Cir.), cert. 28 denied, 543 U.S. 946 (2004).14 The gravamen of the government's 29 legal argument is that despite the statute's instruction that 30 "information may be excluded if its probative value is outweighed 31 by the danger of creating unfair prejudice, confusing the issues, 14 In several instances, the district court does not appear to apply § 3593(c) in its analysis, instead discussing evidence in light of 21 U.S.C. § 848 (j), now repealed.
discussed
Cited "see"
United States v. Pepin
See 27 United States v. Fell, 360 F.3d 135, 140-41 (2d Cir.), cert. 28 denied, 543 U.S. 946 (2004).14 The gravamen of the government's 29 legal argument is that despite the statute's instruction that 30 "information may be excluded if its probative value is outweighed 31 by the danger of creating unfair prejudice, confusing the issues, 14 In several instances, the district court does not appear to apply § 3593(c) in its analysis, instead discussing evidence in light of 21 U.S.C. § 848 (j), now repealed.
discussed
Cited "see"
United States v. Pepin
See United States v. Fell, 360 F.3d 135, 140-41 (2d Cir.), cert. denied, 543 U.S. 946 , 125 S.Ct. 369 , 160 L.Ed.2d 259 (2004). 14 The gravamen of the govern *204 ment’s legal argument is that despite the statute’s instruction that “information maybe excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury,” section 3593(c) as a whole mandates the district court’s admission, in the penalty phase of this case, of evidence as to child abuse or the child endangerment conviction, or both.- We conclude that it d…
discussed
Cited "see"
Evans v. State
(2×)
See United States v. Fell, 360 F.3d 135 (2nd Cir.2004), cert. denied, 543 U.S. 946 , 125 S.Ct. 369 , 160 L.Ed.2d 259 (2004); United States v. Lee, 374 F.3d 637 (8th Cir.2004), cert. denied, ___ U.S. ___, 125 S.Ct. 2962 , 162 L.Ed.2d 892 (2005); United States v. Rodriguez, 380 F.Supp.2d 1041, 1053-54 (D.N.D.2005); United States v. Johnson, 378 F.Supp.2d 1051, 1069 (N.D.Iowa 2005); United States v. Sampson, 332 F.Supp.2d 325 (D.Mass.2004); United States v. Taylor, 302 F.Supp.2d 901, 905 (N.D.Ind.2003); United States v. Battle, 264 F.Supp.2d 1088, 1105-07 (N.D.Ga.2003); United States v. Haynes, 2…
discussed
Cited "see, e.g."
United States v. Solomon
See United States v. Paul, 217 F.3d 989, 1003 (8th Cir.2000) (finding no violation of the separation of powers because “the prosecution was adequately limited in its power” by the factors listed in Jones), cert. denied, 534 U.S. 829 , 122 S.Ct. 71 , 151 L.Ed.2d 37 (2001); United States v. McCullah, 76 F.3d 1087, 1106-07 (10th Cir.1996) (finding the notice requirement, the court’s power to exclude certain information, and the requirement that the jury first find mens rea and a statutory aggravating factor adequately guided the prosecution’s choice of non-statutory ag-gravators), cer t. …
Retrieving the full opinion text from the archive…
Miller
v.
Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
v.
Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
04-5901.
Supreme Court of the United States.
Oct 18, 2004.
Published
MILLER
v.
DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION.
No. 04-5901.
Supreme Court of United States.
October 18, 2004.
1
C. A. 5th Cir. Certiorari denied.