green
Positive treatment
7.1 score
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
United States v. Christopher L. Allen, Also Known as Christopher Lamar Allen
Further, "[a]bsent a clear showing of abuse of discretion, challenges to the chain of custody go to the weight of evidence, not its admissibility." Id. at 1030 (citations omitted). 8 Our review of the record reveals that the district court did not abuse its discretion in admitting the items.
discussed
Cited "see"
George L. Fuller v. Michael Bowersox and Jeremiah (Jay) Nixon, Attorney General, State of Missouri
See Tinsley v. Borg, 895 F.2d 520, 528-29 (9th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); see also Hunley v. Godinez, 975 F.2d 316, 319 (7th Cir.1992) (per curiam), summarizing cases where circumstances failed to allow a presumption of bias.
discussed
Cited "see"
Ravi Nathan v. Boeing Company, a Delaware Corporation
See Tinsley v. Borg, 895 F.2d 520, 529 (9th Cir.1990) (“Th[e] combination [in Allsup of employee status and the reasonable apprehension of violence] added up to presumed bias.”), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); United States v. Clabaugh, 589 F.2d 1019 , 1023 n. 3 (9th Cir.1979) (“Bias [in Allsup ] was inferred, despite the jurors’ untested claim of impartiality, because their employment subjected them to the same threat of violence.”).
discussed
Cited "see"
United States v. Carlos
See United States v. Levy, 904 F.2d 1026, 1034 (6th Cir.1990) (“Under section 841(b)(1)(B), the district court determines the quantity and type of controlled substance for the purpose of sentencing.”), cer t. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
cited
Cited "see"
Andrews v. Collins
See Tinsley v. Borg, 895 F.2d 520, 529 (9th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991). 12 .
discussed
Cited "see"
Randy E. West v. Carl Zenon, Superintendent, Oregon State Correctional Institution
See Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (discussing ways to overcome section 2254(d)'s presumption), cert. denied, 111 S.Ct. 974 (1991). 1 Accordingly, we affirm the district court's denial of West's petition as to this claim.
discussed
Cited "see"
Jan Oliver Brewer v. B.J. Bunnell, Warden Attorney General of the State of California
See Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990), cert. denied, 111 S.Ct. 974 (1991). 5 If the district court denies the petition without an evidentiary hearing, the record on appeal must show that the district court independently reviewed all the relevant portions of the state court record in deciding the merits of the petitioner's claims.
cited
Cited "see"
United States v. Reginald Reece
See United States v. Levy, 904 F.2d 1026, 1032 (6th Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
discussed
Cited "see"
United States v. Glen D. Young
See United States v. Levy, 904 F.2d 1026, 1035 (6th Cir.1990) (holding that district court may consider a downward departure pursuant to § 5K1.1 only on motion of the government), cert. denied, 111 S.Ct. 974 (1991).
cited
Cited "see"
United States v. Benny Orlando Smith
See United States v. Levy, 904 F.2d 1026, 1029 (6th Cir.1990), cert. denied, 111 S.Ct. 974 (1991).
cited
Cited "see"
David Matthew Tucker v. Michael Tickett, Warden, California Institution for Men
See id.
discussed
Cited "see"
United States v. George Katsakis (No. 90-1164) Brian Lee McLennan (No. 90-1327) and Jessie Kincaid (No. 90-2165)
See United States v. Levy, 904 F.2d 1026, 1029 (6th Cir.1990), cert. denied, 111 S.Ct. 974 (1991). 33 To obtain a conviction on the conspiracy charge, the prosecution was required to show, inter alia, an agreement to violate the drug laws.
discussed
Cited "see"
United States v. Charles v. Ushery (91-5716) and Benjamin R. Burton (91-5715)
(2×)
See United States v. Levy, 904 F.2d 1026, 1029 (6th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
cited
Cited "see"
Richard Rodriguez v. Samuel Lewis
See Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990), cert. denied, 111 S.Ct. 974 (1991). 5 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited
Cited "see"
Jesse Eugene Harris v. Hartwell R. Hatfield
See United States v. Levy, 904 F.2d 1026, 1031 (6th Cir.1990), cert. denied, 111 S.Ct. 974 (1991).
cited
Cited "see"
William James Berry v. Harol Whitley, Warden
See Tinsley v. Borg, 895 F.2d 520, 530 (9th Cir.1990), cert. denied, 111 S.Ct. 974 (1991).
discussed
Cited "see"
United States v. Jane Doe
(2×)
See United States v. Levy, 904 F.2d 1026, 1035 (6th Cir.1990) (finding that defendant who sought to have court consider his cooperation absent a government motion had no "constitutional right to present evidence of mitigating circumstances prior to his sentencing"), cert. denied, --- U.S. ----, 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
discussed
Cited "see, e.g."
Simmons v. Blodgett
See also Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (on federal habeas corpus review, the question of the partiality of an individual juror is not a question of mixed law and fact, but rather “it is plainly one of historical fact”), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991).
discussed
Cited "see, e.g."
Gerlaugh v. Lewis
Id.; see also Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (in post-trial hearing factual determination may be implied by actions taken by court), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991); Clark v. Ricketts, 958 F.2d 851, 858 (9th Cir.1991) (noting that “[t]he due process clause does not require that the sentencing court exhaustively document its analysis of each mitigating factor as long as a reviewing federal court can discern from the record that the state court did indeed consider all mitigating evidence offered by the defendant”).
discussed
Cited "see, e.g."
Reese v. City of Dothan
Compare Richardson v. City of Trussville , 492 So.2d 625 , 628-29 (Ala.Cr.App. 1985) (vindictiveness clear where circuit court announced at docket call that a conviction on an appeal from municipal court would receive a longer sentence) with Steeley v. State , 567 So.2d 398 , 400-02 (Ala.Cr.App. 1989), cert. denied, 567 So.2d 403 (Ala. 1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991) (no finding of vindictiveness where circuit court made comments questioning the appellant's motives for appealing to the circuit court); Howell v. City of Birmingham , 383 So.2d 567 , 5…
cited
Cited "see, e.g."
United States v. Malcolm Wilson
See also, United States v. Levy, 904 F.2d 1026, 1033 (6th Cir.1990), cert. denied, 111 S.Ct. 974 (1991). 64 This assignment of error is meritless.
discussed
Cited "see, e.g."
Michael Henry Ferdik v. Joe Bonzelet, Sheriff
(2×)
See, e.g., Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir.1990) (a document labelled as a certificate of probable cause can "serve 'double duty' as notice of appeal."), cert. denied, --- U.S. ----, 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991).
discussed
Cited "see, e.g."
United States v. Raymond Williams (91-1025), Kevin T. Wilson (91-1495/1496), and Beverly Powell (91-1549)
However, the Fifth Circuit in Metcalf determined that “crack cocaine is one type of cocaine base.” Id. at 46 ; see also United States v. Levy, 904 F.2d 1026, 1033 (6th Cir.1990) (Congress intended the term “cocaine base” to include crack), cert. denied, — U.S. —, 111 S.Ct. 974 , 112 L.Ed.2d 1060 (1991).
discussed
Cited "see, e.g."
Cary R. Ortberg v. Russel Moody, Superintendent
II As a threshold matter, we must consider whether we have subject matter jurisdiction over the present controversy. 1 In general, an appellate court will not have jurisdiction over an appeal from the denial of habeas relief unless the petitioner files a notice of appeal within the allotted time and obtains a Certificate of Probable Cause from the district court. 28 U.S.C. § 2253 ; Fed.R.App.P. 3, 4(a); see also Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 974 , 112 L.Ed.2d 1059 (1991).
Retrieving the full opinion text from the archive…
Tinsley
v.
Borg, Warden
v.
Borg, Warden
No. 90-5737.
Supreme Court of the United States.
Feb 19, 1991.
Published
C. A. 9th Cir. Certiorari denied.