PARKS ET AL.

v.

ALEXANDER, GOVERNOR OF TENNESSEE, ET AL.

Citator

Cited By (26 total)

• Dykes v. A.J. Hosemann, Jr., 776 F.2d 942 (11th Cir. 1985)
  …dicial act. Appellants, however, argue that Judge Hosemann’s alleged agreement prior to the dependency proceedings to grant Buzzy custody of Aaron was a nonjudicial act. They rely on Rankin v. Howard, 633 F. 2d 844, 847 (9th Cir.1980), cert. denied, 451 U.S. 939, 101 S.Ct. 2020, 68 L.Ed.2d 326 (1981), in which the Ninth Circuit held that a judge’s private, prior agreement to decide an issue in favor of one party was not a judicial act for purposes of judicial immunity. This circuit, however, has declined to…

  ← 1 / 2 →
• United States v. Wivell, 893 F.2d 156 (8th Cir. 1990)
  …g should be reposed in the judge or jury in noncapital cases.... ”). Indeed, a defendant’s due process rights are unimpaired by the complete absence of sentencing guidelines. Thus, in Britton v. Rogers, 631 F. 2d 572 (8th Cir.1980), cert. denied, 451 U.S. 939, 101 S.Ct. 2021, 68 L.Ed.2d 327 (1981), this Court upheld a life sentence imposed by a jury pursuant to a statute that provided a sentencing range of from thirty years to life imprisonment, but which contained no standards to guide the jury in its s…
• Ashelman v. Hon. Gary Pope, 793 F.2d 1072 (9th Cir. 1986)
  …aining party. E.g., Dykes, 776 F. 2d at 948-49; Green, 722 F. 2d at 1017. But see Rankin v. Howard, 633 F. 2d 844, 848-49 (9th Cir.1980) (if a court lacks personal jurisdiction, it lacks “all jurisdiction” and loses judicial immunity), cert. denied, 451 U.S. 939, 101 S.Ct. 2020, 68 L.Ed.2d 326 (1981). Jurisdiction should be broadly construed to effectuate the policies supporting immunity. Holloway v. Walker, 765 F. 2d 517, 523 (5th Cir.), cert. denied, — U.S. -, 106 S.Ct. 605, 88 L.Ed.2d 583 (1985). Prosec…