green
Positive treatment
8.2 score
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Lamont A. Biles v. United States
The Fifth Circuit concluded that ―objections may be made under Brady to the state‘s failure to disclose material evidence prior to a suppression hearing,‖ id. at 965, and that ―the appropriate assessment for Brady purposes‖ was whether the nondisclosure evidence would have undermined the officer‘s credibility during a pretrial suppression hearing where the officer and the defendant disputed whether the defendant had consented to a car search.). 4 A split of authority exists on the different but related question whether Brady applies to information that would impeach police officers…
discussed
Cited as authority (rule)
United States v. Stott, Larry E., Jr.
The Fifth Circuit, too, has applied Brady disclosure requirements to a motion to suppress, see Smith v. Black, 904 F.2d 950 , 965- 66 (5th Cir. 1990), vacated on other grounds, 503 U.S. 930 (1992); however, the undisclosed evidence in that case was found to be immaterial, see id. at 966.
cited
Cited "see"
United States v. Thomas
See Smith v. Black, 904 F.2d 950, 965-66 (5th Cir. 1990), vacated on other grounds, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992); United States v. Barton, 995 F.2d 931, 935 (9th Cir. 1993).
cited
Cited "see"
United States v. William Thomas
See Smith v. Black, 904 F.2d 950 , 965–66 (5th Cir. 1990), vacated on other grounds, 503 U.S. 930 (1992); United States v. Barton, 995 F.2d 931, 935 (9th Cir. 1993).
discussed
Cited "see"
State ex rel. Reginald Clemons v. Steve Larkins, Superintendent
(2×)
See Smith v. Black, 904 F.2d 950, 965-66 (5th Cir. 1990), vacated on other grounds by Smith v. Black, 503 U.S. 930 (1992); United States v. Barton, 995 F.2d 931, 935 (9th Cir. 1993).
cited
Cited "see"
Tommy Javone Seamster v. State
See id. ; see also Kyles , 514 U.S. at 433 (noting that the Court has “disavowed any difference between exculpatory and impeachment evidence for Brady purposes”).
discussed
Cited "see"
Pedro Cruz Muniz v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
See Smith v. Black, 904 F.2d 950, 982 (5th Cir. 1990) (adopting a prudential rule that we decide Teague challenges before reaching those based on procedural default), vacated and remanded on other grounds, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992).
discussed
Cited "see"
PEDRO CRUZ MUNIZ v. GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division
See Smith v. Black, 904 F.2d 950, 982 (5th Cir. 1990) (adopting a prudential rule that we decide Teague challenges before reaching those based on procedural default), vacated and remanded on other grounds, 503 U.S. 930 (1992). 22
cited
Cited "see"
DARIES F. MITCHELL v. STEVE PUCKETT
See No. 97-60126 -3- Smith v. Black, 904 F.2d 950 , 976 & n.8 (5th Cir. 1990), vacated on other grounds, 503 U.S. 930 (1992).
discussed
Cited "see, e.g."
Banks v. Thaler
(2×)
In addition, the court must consider not simply the withheld evidence in isolation, but also the quantity and quality of other evidence in the record. 388 F.3d at 479 (emphasis omitted); see also Smith v. Black, 904 F.2d 950, 967 (5th Cir.1990) (“The materiality of Brady material depends almost entirely on the value of the evidence relative to the other evidence mustered by the state.”), vacated on other grounds, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992).
discussed
Cited "see, e.g."
United States v. Mauskar
See Kyles v. Whitley, 514 U.S. 419, 437 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (“[S]howing that the prosecution knew of an item of favorable evidence unknown to the defense does not amount to a Brady violation, without more.”); see also Smith v. Black, 904 F.2d 950, 967 (5th Cir.1990) (observing that “[t]he materiality of Brady material depends almost entirely on the value of the evidence relative to the other evidence mustered by the [government]”), vacated, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992), abrogated on other groimds by Stringer v. Black, 503 U.S. 222 , 112 S…
discussed
Cited "see, e.g."
Boyd v. Johnson
See also Smith v. Black, 904 F.2d 950, 977 (5th Cir,1990)(finding that counsel was not deficient for failing to present mitigating evidence of I.Q.’ of 70), vacated on other grounds, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992), aff'd in relevant part, 970 F.2d 1383 (5th Cir.1992); cf. Jones v. Thigpen, 788 F.2d 1101, 1103 (5th Cir.1986)(finding counsel ineffective for failing to present evidence of I.Q. score below 41).
discussed
Cited "see, e.g."
Castro County, Texas v. Joe Crespin
See also Clinton v. Jeffers, 503 U.S. 930 , 112 S.Ct. 1462 , 117 L.Ed.2d 609 (1992) (remanding attorneys’ fees determination of a three-judge panel “with instructions to enter a fresh judgment from which an appeal may be taken to the *125 United States Court of Appeals for the Eighth Circuit”).
discussed
Cited "see, e.g."
Glover v. Hargett
See also Smith v. Black, 904 F.2d 950, 971 (5th Cir.1990) (assuming without deciding that claim was not procedurally barred because it failed on its merits), vacated on other grounds, 503 U.S. 930 , 112 S.Ct. 1463 , 117 L.Ed.2d 609 (1992); Johnson v. Thigpen, 806 F.2d 1243, 1252 (5th Cir.1986) (rejecting claim because "[t]o the extent the claim may not be procedurally barred it *685 nevertheless fails” on the merits), cert. denied, 480 U.S. 951 , 107 S.Ct. 1618 , 94 L.Ed.2d 802 (1987). 2 .
Retrieving the full opinion text from the archive…
Dupree
v.
Moore, Attorney General of Mississippi
v.
Moore, Attorney General of Mississippi
No. 90-1977.
Supreme Court of the United States.
Mar 23, 1992.
503 U.S. 930
Cited by 2 opinions | Published
Appeal from D. C. S. D. Miss. Judgment vacated and case remanded for further consideration in light of Clark v. Roemer, 500 U. S. 646 (1991).