International Ass'n of Machinists & Aerospace Workers v. Terrell (1982)
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· 35 citation events
across 16 courts.
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Quinton Bowen v. State of Tennessee (1983)
After noting that the Supreme Court was remanding an appeal from a mixed petition to this Court for “further consideration” in light of Rose , the dissent stated: Under Rose v, Lundy — if I read the Court’s opinion correctly — after the case gets back to the District Court that court must dismiss the habeas corpus petition that is now a part of the record. 102 S.Ct. at 2028, footnote omitted (emphasis added).
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Joseph Niziolek, Jr. v. Michael Ashe (1982)
We note that in Justice Stevens’ dissent in Bergman, he states that “[njothing in the Court’s opinion in Rose v. Lundy or in anything the Court has written since, justifies the Court’s reaching out on its own initiative to apply its new rule to previously decided cases.” - U.S. at -, n. 4, 102 S.Ct. at 2028, n. 4 (Stevens, J., dissenting). 4 .
Stevens, J., dissenting
See Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1122 (5th Cir.1981), rev’d on other grounds, 456 U.S. 955 , 102 S.Ct. 2028 , 72 L.Ed.2d 479 (1982).