BARBOUR

v.

DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE

Citator

Cited By (81 total)

• Nixon v. State, 572 So. 2d 1336 (Fla. 1990)
  …of insanity or mental incompetence made shortly before or after the trial, courts will not set aside a verdict or make further inquiry into a juror’s competency during trial); United States v. Dioguardi, 492 F. 2d 70 (2d Cir.) (same), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 112 (1974). PENALTY PHASE Nixon’s first claim raised in connection with the penalty phase of the trial concerns a statement made by Nixon after his arrest to Detective Livings concerning the removal of Ms. Bickner’s under…
• Ernst & Ernst v. Hochfelder, 425 U.S. 185 (U.S. 1976)
  …th). But few of the decisions announcing that some form of negligence suffices for civil liability under § 10 (b) and Rule 10b-5 actually have involved only negligent conduct. Smallwood v. Pearl Brewing Co., 489 F. 2d 579, 606 (CA5), cert. denied, 419 U. S. 873 (1974); Kohn v. American Metal Climax, Inc., 458 F. 2d 255, 286 (CA3 1972) (Adams, J., concurring and dissenting); Bucklo, Scienter and Rule 10b-5, 67 Nw. U. L. Rev. 562, 568-570 (1972). In this opinion the term “scienter” refers to a mental state…
• United States v. Barnes, 604 F.2d 121 (2d Cir. 1979)
  …appellant’s constitutional rights. The prosecutor is entitled to comment on a defendant’s failure to call witnesses to contradict the factual character of the government’s case, United States v. Dioguardi, 492 F. 2d 70, 81-82 (2 Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 112 (1974), as well as his failure to support his own factual theories with witnesses. United States v. Rodriguez, 556 F. 2d 638, 641 (2 Cir. 1977); United States v. Lipton, 467 F. 2d 1161, 1168 (2 Cir. 1972), cert. denied,…