SPAIN
v.
UNITED STATES

U.S. | 1976-10-04
No. 75-1849
429 U.S. 833 Supreme Court of the United States (1976) Caution
Cited by 48 cases

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Cited By (47 total)

  • Rosewell v. Lasalle Nat'l Bank, 450 U.S. 503 (U.S. 1981)
    …y in state court, the taxpayer must exhaust the available administrative remedy before the Board of Appeals by filing a complaint. People ex rel. Korzen v. Fulton Market Cold Storage Co., 62 Ill. 2d 443, 446-447, 343 N. E. 2d 450, 452, cert. denied, 429 U. S. 833 (1976). After exhaustion of the Board of Appeals’ administrative remedy, the taxpayer’s legal remedy requires payment of the tax under protest and a subsequent court challenge. Ill. Rev. Stat., ch. 120, §§ 675, 716 (1977). See Clarendon Associate…
  • United States v. Kaminski, 703 F.2d 1004 (7th Cir. 1983)
    …, which only occurs when the absence of defendant’s predisposition appears from the uncontradicted evidence. Sherman v. United States, 356 U.S. at 373, 78 S.Ct. at 821; United States v. Spain, 536 F. 2d 170, 173 (7th Cir.1976), cert. denied, [*1008] 429 U.S. 833, 97 S.Ct. 96, 50 L.Ed.2d 97; United States v. Cardi, 478 F. 2d 1362, 1367 (7th Cir.1973), cert. denied, 414 U.S. 1001, 94 S.Ct. 355, 38 L.Ed.2d 237. This is not such a case. Although there is , no infallible means of divining a defendant’s predispo…
  • United States v. Janyce Carter, 720 F.2d 941 (7th Cir. 1983)
    …of the closing argument is limited to determining whether or not the prosecutor’s remarks were so prejudicial as to amount to plain error.7 United States v. West, 670 F. 2d at 688; United States v. Spain, 536 F. 2d 170, 174 (7th Cir.), cert. denied, 429 U.S. 833, 97 S.Ct. 96, 50 L.Ed.2d 97 (1976). To determine whether the prosecutor’s comments were so egregious as to require reversal, we must ask whether the “statements were so inflammatory and prejudicial to the defendant petitioner as to deprive him of…

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