MOITY

v.

LOUISIANA STATE BAR ASSN.

Citator

Cited By (30 total)

• Beard v. Kindler, 558 U.S. 53 (U.S. 2009)
  …subtle that the fashioning of rigid rules would be more likely to impair [the trial judge’s] ability to deal fairly with a particular problem than to lead to a just result.” United States v. McCoy, 517 F. 2d 41, 44 (CA7) (Stevens, J.), cert. denied, 423 U. S. 895 (1975); see also Friendly, Indiscretion About Discretion, 31 Emory L. J. 747, 760-761 (1982). The result would be particularly unfortunate for criminal defendants, who would lose the opportunity to argue that a procedural default should be excused t…
• Roland Mach. Co. v. Dresser Indus., Inc., 749 F.2d 380 (7th Cir. 1984)
  …on has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity has distinguished it.”); cf. United States v. McCoy, 517 F. 2d 41, 44 (7th Cir.), cert. denied, 423 U.S. 895, 96 S.Ct. 195, 46 L.Ed.2d 127 (1975) (trial judge is given discretion where “the factors which may properly influence his decision are so numerous, variable and subtle that the fashioning of rigid rules would be more likely to impair his ability to…
• United States v. Peltier, 585 F.2d 314 (8th Cir. 1978)
  …he Seventh Circuit, that: [W]e believe a judge could properly adopt and follow a routine practice of declining such requests unless supported by some extraordinary showing of need. United States v. McCoy, 517 F. 2d 41, 45 (7th Cir.), cert. denied, 423 U.S. 895, 96 S.Ct. 195, 46 L.Ed.2d 127 (1975). . We note that the United States Court of Appeals for the Second Circuit has recently declined to give such broad effect to Frisbie and Ker, holding in United States v. Toscanino, 500 F. 2d 267, 275 (2d Cir. 19…