JOYNER
v.
PHELPS, WARDEN

U.S. | 1978-03-27
No. 77-1082
435 U.S. 943 Supreme Court of the United States (1978) Positive Treatment
Cited by 5 cases

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  • Jones v. Wal-Mart Stores, Inc., 870 F.2d 982 (5th Cir. 1989)
    …is context. The Fourth, Fifth, and Tenth Circuits clearly apply the federal standard for sufficiency of the evidence to uphold a jury verdict. See Bryan v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 565 F. 2d 276, 281 (4th Cir.1977), cert. denied, 435 U.S. 943, 98 S.Ct. 1524, 55 L.Ed.2d 540 (1978); Wratckford v. S.J. Groves & Sons Co., 405 F. 2d 1061, 1066 (4th Cir.1969); Gideon v. Johns-Manville Sales Corp., 761 F. 2d 1129, 1143 (5th Cir.1985); Kicklighter v. Nails by Jannee, Inc., 616 F. 2d 734, 738 (5t…
  • …ct benefits so long as their activities have not substantially curtailed the productive operations of their employer. See Hawaiian Telephone Co. v. Hawaii Dept. of Labor and Industrial Relations, 405 F.Supp. 275, 287-288 (D.Haw. 1976), cert. denied, 435 U.S. 943, 98 S.Ct. 1522, 55 L.Ed.2d 539. For example, in Kimbell, Inc. v. Employment Security Commission, 429 U.S. 804, 97 S.Ct. 36, 50 L.Ed.2d 64, this Court dismissed for want of a substantial federal question an appeal from the Supreme Court of New Mexico…
  • Joyner v. King, 786 F.2d 1317 (5th Cir. 1986)
    …th of his claims. Joyner’s subsequent application to the Louisiana Supreme Court for another supervisory writ was denied, Joyner v. Phelps, 352 So. 2d 187 (La.1977), as was his writ of certiorari to the United States Supreme Court. Joyner v. Phelps, 435 U.S. 943, 98 S.Ct. 1524, 55 L.Ed.2d 540 (1978). Joyner’s habeas petition to the federal district court was initially referred to Magistrate Moran for a report and recommendation. In his report, Magistrate Moran recommended an evidentiary hearing regarding J…

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