MCGINNIS, CORRECTION COMMISSIONER, ET AL.

v.

POLLACK

Citator

Cited By

• Mescalero Apache Tribe v. Jones, 411 U.S. 145 (U.S. 1973)
  …d it, by its own terms, grant immunity from the taxes here involved. 83 N. M. 158, 489 P. 2d 666 (1971). The Supreme Court of New Mexico denied certiorari. 83 N. M. 151, 489 P. 2d 659 (1971). We granted the Tribe’s petition for a writ of certiorari, 406 U. S. 905, to consider its claim that the income and property of the ski resort are not properly subject to state taxation. We affirm in part and in part reverse. I At the outset, we reject — as did the state court — the broad assertion that the Federal Gov…
• Smith v. United States Parole Comm'n, 875 F.2d 1361 (9th Cir. 1988)
  …ies only where failure to give credit would result in the prisoner serving such “dead time.” See Paroutian v. United States, 471 F. 2d 289, 290 (2d Cir.1972); McGinnis v. United States ex rel. Pollack, 452 F. 2d 833, 836 (2d Cir.1971), cert. denied, 406 U.S. 905, 92 S.Ct. 1606, 31 L.Ed.2d 815 (1972). Each case we have found outside the Second Circuit discussing the Gaines rule has either expressly limited it to situations involving “dead time,” or has applied it only where failure to do so would have result…
• Durkin v. Davis, 538 F.2d 1037 (4th Cir. 1976)
  …. See Tate v. Short (1971) 401 U.S. 395, 398-99, 91 S.Ct. 668, 28 L.Ed.2d 130; Williams v. Illinois (1970) 399 U.S. 235, 244, 90 S.Ct. 2018, 26 L.Ed.2d 586; McGinnis v. United States Ex Rel. Pollack (2d Cir. 1971) 452 F. 2d 833, 835-6, cert. denied 406 U.S. 905, 92 S.Ct. 1606, 31 L.Ed.2d 815 (1972); Parker v. Estelle, supra, at 627. Some courts have found a due process violation in the denial of credit for jail time. See, Hart v. Henderson, supra, at 186. The more general approach, however, has been on equ…