HARVEY

v.

HARRIS

Citator

Cited By

• Pulliam v. Allen, 466 U.S. 522 (U.S. 1984)
  …bach v. Lyons, 597 F. 2d 344 (CA2 1979); Timmerman v. Brown, supra; Slavin v. Curry, 574 F. 2d 1256 (CA5), vacated as moot, 583 F. 2d 779 (1978); WXYZ, Inc. v. Hand, 658 F. 2d 420 (CA6 1981); Harris v. Harvey, 605 F. 2d 330 (CA7 1979), cert. denied, 445 U. S. 938 (1980); Richardson v. Koshiba, 693 F. 2d 911 (CA9 1982). The Eighth Circuit at one time seems to have taken contradictory positions on whether judges are immune from declaratory and injunctive relief. Compare Koen v. Long, 428 F. 2d 876 (1970), aff…
• Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
  …oes not so taint the proceedings as to invalidate the other aggravating circumstance found and the sentence of death based thereon.’” Id. at 414, 102 S.Ct. at 1858, quoting Gates v. State, 244 Ga. 587, 599, 261 S.E. 2d 349, 358 (1979), cert. denied, 445 U.S. 938, 100 S.Ct. 1332, 63 L.Ed.2d 772 (1980). The Court then stated: “Despite the clarity of the state rule we are asked to review, there is considerable uncertainty about the state law premises of that rule.” Id. at 414, 102 S.Ct. at 1858 (footnote omi…
• Williams v. Maggio, 679 F.2d 381 (5th Cir. 1982)
  …U.S. at-, 102 S.Ct. at 1858 (emphasis added). The Georgia Supreme Court had consistently stated that it could constitutionally sustain a death sentence in those circumstances. Gates v. State, 244 Ga. 587, 261 S.E. 2d 349, 358 (1979), cert. denied, 445 U.S. 938, 100 S.Ct. 1332, 63 L.Ed.2d 772 (1980). The Court stated that the Georgia Supreme Court had never articulated the state law premise for that conclusion. Zant v. Stephens,-U.S. at-, 102 S.Ct. at 1858. Such articulation, according to the Court, woul…

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