CABEY

v.

PENNSYLVANIA

Citator

Cited By (20 total)

• State v. Bernardo Lopez, 590 So. 2d 1045 (Fla. 3d DCA 1991)
  …eral writs, see Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1979), Standford v. Texas, 379 U.S. 476, 85 S.Ct. 506, 13 L.Ed.2d 431, rehearing denied, 380 U.S. 926, 85 S.Ct. 879, 13 L.Ed.2d 813 (1964), the framers of the United States Constitution imbued the Fourth Amendment with language reflecting their concerns about the sanctity of a person’s home: The right of the people to be secure in their persons, ho…
• United States v. Wilkinson, 460 F.2d 725 (5th Cir. 1972)
  …probable consequences . . . ”, resulted in reversible error. For several reasons we cannot agree. First, we note that the exact instruction challenged in this case was approved in Estes v. United States, 335 F. 2d 609 (5th Cir. 1964), cert. denied 380 U.S. 926, 85 S.Ct. 884, 13 L.Ed. 814. The charge given there was found to be distinguishable from the Mann charge on three grounds: the “rebuttable presumption” language was not synonymous with the “so unless the contrary appears from the evidence” language;…
• O'Berry v. Louie L. Wainwright, 546 F.2d 1204 (5th Cir. 1977)
  …tate ground,17 at least where that state ground does not [*1217] unduly burden federal rights.18 First, we will not assume that the Supreme Court in Stone overruled Henry v. Mississippi, 1965, 379 U.S. 443, 85 S.Ct. 564, 13 L.Ed.2d 408, reh. denied, 380 U.S. 926, 85 S.Ct. 878, 13 L.Ed.2d 813, and other cases applying the adequate state ground theory without an express statement from the Court that it was doing so. Second, a state court resolution of a Fourth Amendment claim on an adequate, independent, non-…