Spierings v. Alaska, 479 U.S. 1021 (1986). · Go Syfert
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Spierings v. Alaska, 479 U.S. 1021 (1986). Cases Citing This Book View Copy Cite
19 citation events (1 in the last 25 years) across 12 distinct courts.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" State v. LeBlanc (2×)
Ariz. · 1996 · signal: see · confidence high
See Dresnek v. State, 697 P.2d 1059, 1060-64 (Alaska App.), aff'd, 718 P.2d 156 (Alaska 1986), cert. denied, 479 U.S. 1021 , 107 S.Ct. 679 , 93 L.Ed.2d 729 (1986); People v. Kurtzman, 46 Cal.3d 322 , 250 Cal. Rptr. 244, 248-53 , 758 P.2d 572, 576-80 (1988).
discussed Cited "see" State v. Enno (2×)
Idaho · 1991 · signal: see · confidence high
See Spierings v. Alaska, 479 U.S. 1021 , 107 S.Ct. 679 , 93 L.Ed.2d 729 (1986) (White, J. dissenting from denial of cert.).
discussed Cited "see, e.g." In re Grand Jury Subpoena Dated November 12, 1991
S.D. Fla. · 1992 · signal: see also · confidence low
See also In re Sealed Case, 794 F.2d 749, 751 (D.C.Cir.), cert. denied, Pierce v. United States, 479 U.S. 1021 , 107 S.Ct. 679 , 93 L.Ed.2d 729 (1986) (discussing the conflict between the Senate and House versions of section 1826 as to the proper standard for bail).
discussed Cited "see, e.g." In Re Grand Jury v. Douglas Gassiraro
1st Cir. · 1990 · signal: see, e.g. · confidence low
See, e.g., In re Sealed Case, 794 F.2d 749 (D.C.Cir.) (per curiam) (relying on liberal standard for bail in this context), cert. denied, 479 U.S. 1021 , 107 S.Ct. 679 , 93 L.Ed.2d 729 (1986); In re Grand Jury Proceedings, 757 F.2d at 110 n. 1 (noting that appeal was decided within thirty days of filing of appellant's brief); In re Grand Jury Proceedings, 605 F.2d 750 (5th Cir.1979) (per curiam) (entry of order extending time period); see also, e.g., United States v. Pacella, 622 F.2d 640 , 642 n. 2 (2d Cir.1980) (appeal decided within thirty days with explanatory opinion issued later).
Retrieving the full opinion text from the archive…
Spierings
v.
Alaska
No. 86-5373.
Supreme Court of the United States.
Dec 15, 1986.
479 U.S. 1021
White.
Cited by 11 opinions  |  Published

Lead Opinion

Sup. Ct. Alaska. Certiorari denied.

Dissent

Justice White,

dissenting.

In this case, the Supreme Court of the State of Alaska affirmed the petitioner’s conviction, rejecting his argument that the trial judge improperly instructed the jury on a lesser included offense. Dresnek v. State, 718 P. 2d 156 (1986). Over the petitioner’s objection, the trial judge gave a “transition instruction”; the jurors-were instructed that they could not render a verdict on a lesser included offense until they unanimously acquitted the petitioner on the greater offense. The Alaska Supreme Court held that the instruction was proper. This decision conflicts with the approach[*1022] followed in the Courts of Appeals for the Second and Ninth Circuits. In United States v. Tsanas, 572 F. 2d 340 (CA2), cert. denied, 435 U. S. 995 (1978), the court held that if a defendant seasonably objects to this type of instruction, the trial judge should instruct the jury with an alternative formulation: jurors may consider the lesser included offense if they cannot reach agreement on the greater offense. 572 F. 2d, at 346. The Court of Appeals for the Ninth Circuit, in United States v. Jackson, 726 F. 2d 1466 (1984), followed the Tsanas approach. There, the court reasoned that “although either formulation may be employed if the defendant expresses no choice, it is error to reject the form timely requested by defendant.” 726 F. 2d, at 1469. I would grant the petition of certiorari to resolve this conflict.