BOBBY ALLEN BRYANT, PETITIONER,
v.
LOUIE L. WAINWRIGHT, ETC., ET AL., RESPONDENTS
BOBBY ALLEN BRYANT, PETITIONER,
LOUIE L. WAINWRIGHT, ETC., ET AL., RESPONDENTS
773 F.2d 276
Court of Appeals for the Eleventh Circuit (1985)
Negative Treatment
Cited by 6 cases
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Opinion of the Court
BY THE COURT:
Appellant Bobby Allen Bryant’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was dismissed by the district court in a carefully considered fifteen page order on the ground that admission of the challenged evidence did not render the trial fundamentally unfair and did not rise to the level of a constitutional violation.
Appellant timely filed a motion to appeal in forma pauperis, motion for certificate of probable cause, and a notice of appeal. The district court granted the motion to appeal in forma pauperis but did not rule on the motion for certificate of probable cause.
We remand to the district court for entry of an order on the motion for certificate of probable cause, but retain jurisdiction of this case pending receipt of such an order. See Clements v. Wainwright, 648 F. 2d 979, 980 and n. 2 (5th Cir.1981); and Fabian v. Reed, 707 F. 2d 147 (5th Cir.1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coggin Auto. Corp. v. Commissioner OF Internal Revenue, 292 F.3d 1326 (11th Cir. 2002)…Its rationale was that the line of cases applying the aggregate approach would prevent Coggin from using the LIFO method of accounting to permanently avoid gain recognition on appreciated assets. See Holiday Village Shopping Ctr. v. United States, 773 F. 2d 276, 279 (Fed.Cir.1985); Casel v. Com’r, 79 T.C. 424, 433, 1982 WL 11144 (1982); Unger v. Com’r, 936 F. 2d 1316 (D.C.Cir.1991). The tax court recognized that Subchap-ter K of the Internal Revenue Code (Partners and Partnerships) blends both approaches.…
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Petroleum Corp. OF Tex. v. United States, 939 F.2d 1165 (5th Cir. 1991)…d were of the types listed in one or more of those Code sections as an exception to non-recognition. The district court, following the reasoning of the Federal Circuit in Holiday Village Shopping Center v. United States,1 5 Cl.Ct. 566 (1984), aff'd, 773 F. 2d 276 (Fed.Cir.1985), determined that, by applying the “aggregate” or “conduit” theory of partnership rather than the “entity” theory, a partner’s transfer of an interest in a partnership was actually a transfer of the underlying specific properties owned…1 / 2
Authorities Cited
- Clements v. Louie L. Wainwright, 648 F.2d 979 (5th Cir. 1981)
- Fabian v. Reed, 707 F.2d 147 (5th Cir. 1983)