MARTIN
v.
SCHWEIKER, SECRETARY OF HEALTH AND HUMAN SERVICES

U.S. | 1982-01-11
No. 81-5462
454 U.S. 1165 Supreme Court of the United States (1982) Positive Treatment
Cited by 10 cases

Dissent
Justice White,

Justice White,

dissenting.

Because the decision of the Court of Appeals for the Tenth Circuit in this case conflicts with the decision of the Court of Appeals for the Second Circuit in Rosenberg v. Richardson, 538 F. 2d 487 (1976), I would grant the petition for certiorari.

Rehearing Denied


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  • Stephens v. State, 662 So. 2d 394 (Fla. 5th DCA 1995)
    …as evidence that the defendant is guilty of the crime charged. Keen v. State, 504 So. 2d 396, 401 (Fla.1987) (citing Straight v. State, 397 So. 2d 903, 908 (Fla.), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1980), and reh’g denied, 454 U.S. 1165, 102 S.Ct. 1043, 71 L.Ed.2d 323 (1982)). As the supreme court stated in State v. DiGuilio, 491 So. 2d 1129 (Fla.1986): Application of the [harmless error] test requires not only a close examination of the permissible evidence on which the jury coul…
  • Warwick v. State, 443 So. 2d 188 (Fla. 3d DCA 1983)
    …. 2d DCA 1979). We find that the impact of the rule distinguishes this case from Garrett v. State, 390 So. 2d 95 (Fla. 3d DCA 1980) rev. denied 399 So. 2d 1146 (Fla. 1981) cert denied, 454 U.S. 1004, 102 S.Ct. 544, 70 L.Ed.2d 409, rehearing denied, 454 U.S. 1165, 102 S.Ct. 1041, 71 L.Ed.2d 322 (1981) and therefore affirm the trial judge’s action here under review. Affirmed. . Rule 3.213. Continuing Incompetency to Stand Trial: Disposition, (a) If at any time after five years after determining a person inc…
  • Shakman v. Dunne, 829 F.2d 1387 (7th Cir. 1987)
    …ct of patronage hiring practices on prospective employees), cert, denied, — U.S.-, 106 S.Ct. 3276, 91 L.Ed.2d 566 (1986); McCormick v. Edwards, 646 F. 2d 173 (5th Cir. Unit A 1981) (discussing firing resulting from political activity), cert, denied, 454 U.S. 1165, 102 S.Ct. 1042, 71 L.Ed.2d 323 (1982); Illinois State Employees Union v. Lewis, 473 F. 2d 561 (7th Cir.1972) (discussing politically-motivated firing), cert, denied, 410 U.S. 928, 93 S.Ct. 1364, 35 L.Ed.2d 590 (1973); Rutan v. Republican Party of I…

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