NAISBITT, EXECUTOR, ET AL.

v.

UNITED STATES

Citator

Cited By (44 total)

• Blum v. Stenson, 465 U.S. 886 (U.S. 1984)
  …c) an opportunity for a hearing.” Stenson v. Blum, 476 F. Supp. 1331, 1335 (1979). The Court of Appeals for the Second Circuit affirmed in an unpublished oral opinion from the bench. Affirmance order, Stenson v. Blum, 628 F. 2d 1345, cert. denied, 449 U. S. 885 (1980). Respondent’s subsequent request for an award of reasonable attorney’s fees under § 1988 is the subject of the present case. B Throughout this litigation, respondent was represented by attorneys from the Legal Aid Society of New York, a p…
• Jones v. W.J. Estelle, Jr., 722 F.2d 159 (5th Cir. 1983)
  …that we sua sponte address this issue. We conclude that the sole fact that the new claims were unexhausted when the earlier federal writ was prosecuted will not excuse their omission. In Paprskar v. Estelle, 612 F. 2d 1003 (5th Cir.), cert. denied, 449 U.S. 885, 101 S.Ct. 239, 66 L.Ed.2d 111 (1980) we applied Galtieri v. Wainwright, 582 F. 2d 348 (5th Cir.1978), in finding a petitioner excused from abuse when his omitted claims had not been exhausted in the state court at the time he was prosecuting his ea…

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• Brown v. Louie L. Wainwright, 665 F.2d 607 (5th Cir. 1982)
  …t has held that a right of self-representation was recognized in this Circuit prior to Faretta, and therefore the issue of Faretta’s retroactive application need not be considered. See Scott v. Wainwright, 617 F. 2d 99 (5th Cir. 1980), cert. denied, 449 U.S. 885, 101 S.Ct. 240, 66 L.Ed.2d 111 (1980); Chapman v. United States, 553 F. 2d 886 (5th Cir. 1977). The right of self-representation entails a waiver of the right to counsel, since a defendant obviously cannot enjoy both rights at trial. Because of the…