FLYNN

v.

WISCONSIN

Citator

Cited By (11 total)

• Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988)
  …y though impliedly — to receive. We hold that such a search is consistent with fourth amendment guarantees. In so doing, we follow the holding and reasoning of the leading case of State v. Flynn, 92 Wis.2d 427, 285 N.W. 2d 710 (1979), cert. denied, 449 U.S. 846, 101 S.Ct. 130, 66 L.Ed.2d 55 (1980), which is the primary subject of a characteristically thoughtful treatment of the issue by Professor LaFave. See 3 W. LaFave, supra, § 9.4(g). In Flynn, an officer observed two men emerge from an alley, approache…
• United States v. Tyjuan Jones, 759 F.2d 633 (8th Cir. 1985)
  …g that he actually does have some recourse. State v. Flynn, 92 Wis.2d 427, 285 N.W. 2d 710, 717-18 (1979) (officer making investigative stop could remove and make a limited search of wallet of suspect who refused to identify himself), cert. denied, 449 U.S. 846, 101 S.Ct. 130, 66 L.Ed.2d 55 (1980). If police during a stop near a crime scene are unable to obtain identification from a suspect, they likely will never be able to relocate the suspect should probable cause later develop. Studies, moreover, have…
• Nevail Mitchell v. Wyrick, 698 F.2d 940 (8th Cir. 1983)
  …ral district court to grant an evidentiary hearing in a section 2254 action “if relevant facts are in dispute and a fair evidentiary hearing was not granted in state court.” Id. (quoting Parton v. Wyrick, 614 F. 2d 154, 158 (8th Cir.), cert. denied, 449 U.S. 846, 101 S.Ct. 131, 66 L.Ed.2d 56 (1980)). Before a hearing is required, however, it must appear that the petitioner’s allegations, if proven, would establish the right to his release. See also Walker v. Solem, 648 F. 2d 1188 at 1189 (8th Cir.1981) (sta…