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Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited "see"
Royster v. Gahler
In reviewing a Rule 12(b)(6) motion, a court “’must accept as true all of the factual allegations contained in the complaint’,” and must “’draw all reasonable inferences [from those facts] in favor of the plaintiff.” E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435, 440 (4th Cir.2011) (citations omitted); see Kendall v. Balcerzak, 650 F.3d 515, 522 (4th Cir.2011), ce rt. denied, — U.S. -, 132 S.Ct. 402 , 181 L.Ed.2d 257 (2011); Monroe v. City of Charlottesville, 579 F.3d 380, 385-86 (4th Cir.2009), cert. denied, 559 U.S. 992 , 130 S.Ct. 1740 , 176 L.Ed.2d 214 (…
discussed
Cited "see"
People v. Thompson
Where, as here, a 911 call fits within an exception to the hearsay rule, i.e., as an excited utterance, its admission is proper “notwithstanding the characterization as a prior consistent statement” (People v Buie, 86 NY2d 501, 511 [1995]; see People v Spicola, 16 NY3d 441, 452 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
discussed
Cited "see"
People v. Thompson
Where, as here, a 911 call fits within an exception to the hearsay rule, i.e., as an excited utterance, its admission is proper “notwithstanding the characterization as a prior consistent statement” (People v Buie, 86 NY2d 501, 511 [1995]; see People v Spicola, 16 NY3d 441, 452 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
discussed
Cited "see"
THOMPSON, ROBERT, PEOPLE v
Where, as here, a 911 call fits within an exception to the hearsay rule, i.e., as an excited utterance, its admission is proper “notwithstanding the characterization as a prior consistent statement” (People v Buie, 86 NY2d 501, 511 ; see People v Spicola, 16 NY3d 441, 452 , cert denied ___ US ___, 132 S Ct 400 ).
discussed
Cited "see"
People v. Nicholson
It is well settled that “[e]xpert testimony concerning CSAAS is admissible to assist the jury in understanding the unusual conduct of victims of child sexual abuse where, as here, the testimony is general in nature and does not attempt to impermissibly prove that the charged crimes occurred” (People v Gayden, 107 AD3d 1428 , 1428-1429 [2013], lv denied 22 NY3d 1138 [2014] [internal quotation marks omitted]; see People v Spicola, 16 NY3d 441, 465 [2011], cert denied 565 US —, 132 S Ct 400 [2011]; People v Ennis, 107 AD3d 1617, 1619 [2013], lv denied 22 NY3d 1040 [2013]).
discussed
Cited "see"
NICHOLSON, CHRISTOPHER A., PEOPLE v
It is well settled that “[e]xpert testimony concerning CSAAS is admissible to assist the jury in understanding the unusual conduct of victims of child sexual abuse where, as here, the testimony is general in nature and does not attempt to impermissibly prove that the charged crimes occurred” (People v Gayden, 107 AD3d 1428, 1428 , lv denied 22 NY3d 1138 [internal quotation marks omitted]; see People v Spicola, 16 NY3d 441, 465 , cert denied ___ US ___, 132 S Ct 400 ; People v Ennis, 107 AD3d 1617, 1619 , lv denied 22 NY3d 1040 ).
discussed
Cited "see"
People v. Nicholson
It is well settled that “[e]xpert testimony concerning CSAAS is admissible to assist the jury in understanding the unusual conduct of victims of child sexual abuse where, as here, the testimony is general in nature and does not attempt to impermissibly prove that the charged crimes occurred” (People v Gayden, 107 AD3d 1428 , 1428-1429 [2013], lv denied 22 NY3d 1138 [2014] [internal quotation marks omitted]; see People v Spicola, 16 NY3d 441, 465 [2011], cert denied 565 US —, 132 S Ct 400 [2011]; People v Ennis, 107 AD3d 1617, 1619 [2013], lv denied 22 NY3d 1040 [2013]).
discussed
Cited "see"
People v. Rodriguez
Significantly, the expert’s testimony did not include responses to any hypothetical tailored to the facts of the case or otherwise imply that the expert found the testimony of the particular complainant to be credible (compare People v Williams, 20 NY3d 579, 584 [2013]; see People v Spicola, 16 NY3d 441, 462-467 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
discussed
Cited "see"
People v. Rodriguez
Significantly, the expert’s testimony did not include responses to any hypothetical tailored to the facts of the case or otherwise imply that the expert found the testimony of the particular complainant to be credible (compare People v Williams, 20 NY3d 579, 584 [2013]; see People v Spicola, 16 NY3d 441, 462-467 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
discussed
Cited "see"
Bourgeois v. Live Nation Entertainment, Inc.
In reviewing such a motion, a court “ ‘must accept as true all of the factual allegations contained in the complaint,’ ” and must “ ‘draw all reasonable inferences [from those facts] in favor of the plaintiff.’ ” E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435, 440 (4th Cir.2011) (citations omitted); see Kendall v. Balcerzak, 650 F.3d 515, 522 (4th Cir.), cert. denied, — U.S.-, 132 S.Ct. 402 , 181 L.Ed.2d 257 (2011); Monroe v. City of Charlottesville, 579 F.3d 380, 385-86 (4th Cir.2009), cert. denied, 559 U.S. 992 , 130 S.Ct. 1740 , 176 L.Ed.2d 214 (2010).
discussed
Cited "see"
David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee, Robert e. Cooper, Jr., Tennessee Attorney General, Victor S. (Torry) Johnson, III, District Attorney General, Kim Helper, District Attorney General, and The State of Tennessee
See Adar v. Smith, 639 F.3d 146, 151-57 (5th Cir. 2011) (en banc) (concluding that a violation of the Full Faith and Credit Clause is not a basis for relief under Section 1983, and that “the only remedy available for violations of full faith and credit is review by the Supreme Court”), cert. denied, 132 S. Ct. 400 (2011).
examined
Cited "see"
Little v. Shell Exploration & Production Co.
(3×)
See Adar v. Smith, 639 F.3d 146, 150 (5th Cir.) (en banc), cert. denied, — U.S. -, 132 S.Ct. 400 , 181 L.Ed.2d 257 (2011).
discussed
Cited "see, e.g."
Ferrand v. Ferrand
(2×)
Ch.C. art. 1240 (stating that, upon a final judgment of adoption, the natural parents are "divested of all their legal rights with regard to the adopted child"); see also Adar v. Smith, 639 F.3d 146 (5th Cir. La. 4/12/11), writ denied, 565 U.S. 942 , 132 S.Ct. 400 , 181 L.Ed.2d 257 (2011).
discussed
Cited "see, e.g."
View Point Medical Systems, LLC v. Athena Health, Inc.
In considering a Rule 12(b)(6) motion, the court “ ‘must accept as true all of the factual allegations contained in the complaint,’ ” and must “ ‘draw all reasonable inferences [from those facts] in favor of the plaintiff.’ ” E.I. du Pont de Nemours & Co., supra, 637 F.3d at 440 (citations omitted); see, e.g., Kendall v. Balcerzak, 650 F.3d 515, 522 (4th Cir.), cert. denied, — U.S. -, 132 S.Ct. 402 , 181 L.Ed.2d 257 (2011).
discussed
Cited "see, e.g."
People v. Jabaut
The reasons for the victims’ delayed reporting of the ongoing sexual abuse were probed in depth at trial, and the jury was aided by the expert testimony of Richard Hamill, who explained, in general terms, the many behaviors exhibited by child victims of sexual abuse, including delayed disclosure, known as child sexual abuse accommodation syndrome (hereinafter CSAAS) (see People v Carroll, 95 NY2d 375, 387 [2000]; see also People v Spicola, 16 NY3d 441, 465-466 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
discussed
Cited "see, e.g."
People v. Jabaut
The reasons for the victims’ delayed reporting of the ongoing sexual abuse were probed in depth at trial, and the jury was aided by the expert testimony of Richard Hamill, who explained, in general terms, the many behaviors exhibited by child victims of sexual abuse, including delayed disclosure, known as child sexual abuse accommodation syndrome (hereinafter CSAAS) (see People v Carroll, 95 NY2d 375, 387 [2000]; see also People v Spicola, 16 NY3d 441, 465-466 [2011], cert denied 565 US —, 132 S Ct 400 [2011]).
examined
Cited "see, e.g."
ACS Recovery Services, Inc. v. Larry Griffi
(3×)
Subject matter jurisdiction is not implicated unless the claim is “so insubstantial, implausible, foreclosed by prior decisions of [the Supreme Court], or otherwise completely devoid of merit as not to involve a federal controversy.” Oneida Indian Nation of N.Y. v. Cnty. of Oneida, 414 U.S. 661, 666 , 94 S. Ct. 772, 777 (1974); see also Adar v. Smith, 639 F.3d 146 , 150–51 (5th Cir. 2011) (en banc), cert. denied, 132 S. Ct. 400 (2011).
Retrieving the full opinion text from the archive…
Tyrone Noble
v.
United States
v.
United States
No. 10-11179.
Supreme Court of the United States.
Oct 11, 2011.
181 L. Ed. 2d 257
Cited by 55 opinions | Published
Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Same case below, 408 Fed. Appx. 645.