JOHNSON

v.

HANBERRY, WARDEN

Citator

Cited By

• Robinson v. Kimbrough, 652 F.2d 458 (5th Cir. 1981)
  …cting names for those lists. This Court has held that a case is pending for purposes of an award of attorneys’ fees under the Act if the only issue remaining is that of attorneys’ fees. Corpus v. Estelle, 605 F. 2d 175 (5th Cir. 1979), cert. denied, 445 U.S. 919, 100 S.Ct. 1284, 63 L.Ed.2d 605 (1980); Rainey v. Jackson State College, supra, 551 F. 2d 672. Defendants argue that plaintiffs’ case was not actively pending on October 19, 1976, and cite as support for their argument Escamilla v. Santos, 591 F. 2…
• United States v. Sims, 637 F.2d 625 (9th Cir. 1980)
  …me of the offense, evidence of mental condition before or after the offense may be used to support an inferential conclusion that the defendant was insane at the crucial moment. In United States v. Ives, 609 F. 2d 930 (9th Cir. 1979), cert. denied, 445 U.S. 919, 100 S.Ct. 1283, 63 L.Ed.2d 605 (1980), the defendant was charged with a 1971 murder on an Indian reservation. During his third trial, in 1978, the district court excluded all medical records after 1973 on the ground that they were too remote in tim…
• United States v. Emery, 682 F.2d 493 (5th Cir. 1982)
  …t be helpful to the jury in making the final determination of the criminal responsibility of the accused.” United States v. McRary, 616 F. 2d 181, 184 (5th Cir. 1980). See also United States v. Ives, 609 F. 2d 930, 932 (9th Cir. 1979), cert. denied, 445 U.S. 919, 100 S.Ct. 1283, 63 L.Ed.2d 605 (1980). Second, once the trial court has determined that an offer of proof makes the existence of a fact more likely or less likely, it is for the jury to weigh that evidence and to draw reasonable inferences therefro…