SHAW

v.

CALIFORNIA

Citator

Cited By

• United States ex rel. Stanley Howard v. Russell, 405 F.2d 169 (3d Cir. 1969)
  …rt of the United States for a writ of certiorari, alleging that the imposition of the death penalty constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the Federal Constitution. The petition was denied at 390 U.S. 911, 88 S.Ct. 839, 19 L.Ed.2d 884 (1968). The relator then petitioned the United States District Court for the Western District of Pennsylvania for a writ of habeas corpus raising the identical issue presented in his denied petition for certiorari. Th…
• Rodriguez v. Butler, 536 F.2d 982 (2d Cir. 1976)
  …ments to be lawful if exigent circumstances exist, People v. Floyd, supra at 562, 312 N.Y.S.2d 193, 260 N.E. 2d 815; People v. Gallmon, 19 N.Y.2d 389, 396, n.l, 280 N.Y.S.2d 356, 362, n.l, 227 N.E. 2d 284 (1967) (Fuld, J., dissenting), cert. denied, 390 U.S. 911, 88 S.Ct. 832, 19 L.Ed.2d 884 (1968); People v. Cage, 40 A.D.2d 234, 339 N.Y.S.2d 6 (3d Dept. 1972); People v. McIlwain, 28 A.D.2d 711, 281 N.Y. S.2d 218 (2d Dept. 1967), and apply the exigent circumstances doctrine to excuse noncompliance with anno…
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes, 547 F.2d 217 (3d Cir. 1977)
  …reasonable certainty that had Judge Beronio, the New Jersey trial judge, or the Appellate Division credited Goldstaub’s allegations, relief would be granted to Foye. See State v. Funicello, 49 N.J. 553, 583, 231 A. 2d 579, 596 (1967), cert. denied, 390 U.S. 911, 88 S.Ct. 837, 19 L.Ed.2d 882 (1968), and cases cited therein. We conclude that the district court did not err in placing the burden of persuasion upon Foye and that Judge Lacey, analyzing Goldstaub’s testimony, gave what to our mind is ample bases…