SEWELL

v.

PHILLIPS PETROLEUM CO.

Citator

Cited By (17 total)

• Am. Fed'n of Gov't Emps. v. Joella DeGRIO, 454 So. 2d 632 (Fla. 3d DCA 1984)
  …ound that the trial court lacked subject matter jurisdiction. After oral argument, this court dismissed the petition for prohibition without opinion. Mudgett v. Gale, 366 So. 2d 901 (Fla.3d DCA), cert. denied, 376 So. 2d 74 (Fla.1979), cert. denied, 444 U.S. 1080, 100 S.Ct. 1032, 62 L.Ed.2d 764 (1980). Following the prohibition proceedings, the trial court struck the punitive damages claim in the complaint. A nonjury trial was conducted on September 22-23, and December 11, 1981. The court found for DeGrio o…
• United States v. Bustillo, 789 F.2d 1364 (9th Cir. 1986)
  …miscarriage of justice or to preserve the integrity and reputation of the judicial process. Id. “An [*1368] improper instruction rarely justifies a finding of plain error.” United States v. Glickman, 604 F. 2d 625, 632 (9th Cir.1979), cert. denied, 444 U.S. 1080, 100 S.Ct. 1032, 62 L.Ed.2d 764 (1980). The trial judge instructed the jurors that they must find Bustillo guilty if they were “firmly convinced” of his guilt. Bustillo argues that this instruction was defective in that it reduced the Government’s…
• United States v. Wagner, 834 F.2d 1474 (9th Cir. 1987)
  …has also observed that “ ‘[a]n improper instruction rarely justifies a finding of plain error.’ ” United States v. Bustillo, 789 F. 2d 1364, 1367-68 (9th Cir.1986) (quoting United States v. Glickman, 604 F. 2d 625, 632 (9th Cir.1979), cert. denied, 444 U.S. 1080, 100 S.Ct. 1032, 62 L.Ed.2d 764 (1980)). We do not believe that an “obvious injustice” has been perpetrated in this case. The government presented eye witnesses who testified that Wagner pulled a knife, chased, and stabbed an unarmed man in the hea…