CASSIDY

v.

UNITED STATES

Citator

Cited By

• United States v. Hearst, 638 F.2d 1190 (9th Cir. 1980)
  …32, 52 L.Ed.2d 136 (1977), that it is clear the movant is not entitled to relief or even to a hearing. “The court may appraise a petition by what is reasonably credible.” Cassidy v. United States, 457 F. 2d 813 (9th Cir.) (per curiam), cert. denied, 409 U.S. 1026, 93 S.Ct. 472, 34 L.Ed.2d 318 (1972). These principles are well illustrated by Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962). There, the movant’s § 2255 motion and affidavit made detailed factual allegations, which w…
• United States v. Maslanka, 501 F.2d 208 (5th Cir. 1974)
  …, Knight and Ercius and the cache at Rocky Creek, and could well find them guilty beyond a reasonable doubt. For an exposition of the standard of review appropriate here, see United States v. Quinones-Alvarado, 464 F. 2d 12 (5th Cir.), cert. denied, 409 U.S. 1026, 93 S.Ct. 474, 34 L.Ed.2d 320 (1972). Capo argues that there was no evidence that his clothes contained the marijuana and jute fibers found on the others. However, evidence was offered tending to prove that Capo was seen in company with Lamb on the…
• Gibson v. Scheidemantel, 805 F.2d 135 (3d Cir. 1986)
  …y considered the issues to be of substantial import. See State v. Clark, 65 NJ. 426, 437-38, 323 A. 2d 470, 476 (1974); State v. Johns, 111 N.J.Super. 574, 576, 270 A. 2d 59, 60 (App. Div.1970), cert. denied, 60 N.J. 467, 291 A. 2d 17, cert. denied, 409 U.S. 1026, 93 S.Ct. 473, 34 L.Ed.2d 319 (1972). [*141] In effect, Gibson is really arguing that it is so unlikely that the New Jersey courts would reach the merits of his state appeal that he has shown the requisite futility. However, if we permitted such a…