KESSINGER ET AL.
v.
KENTUCKY

U.S. | 1982-01-25
No. 81-921
455 U.S. 920 Supreme Court of the United States (1982) Positive Treatment
Cited by 19 cases

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Citator

Cited By (19 total)

  • State v. Sykes, 434 So. 2d 325 (Fla. 1983)
    …65 So. 2d 1079 (Fla. 1st DCA 1979); Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA), approved, 340 So. 2d 928 (Fla.1976). Only by legislative authority may a criminal offense be defined. Adams v. Murphy, 653 F. 2d 224 (5th Cir.1981), cert. denied, 455 U.S. 920,102 S.Ct. 1275, 71 L.Ed.2d 460 (1982); Bradley v. State, 79 Fla. 651, 84 So. 677 (1920). The lack of objection to the instruction could not constitute a waiver of this fundamental defect. We approve that portion of the district court opinion which s…
  • …effectively, the appellants must first demonstrate at least an “arguable First Amendment infringement.” U.S. v. Grayson County State Bank, 656 F. 2d 1070, 1074 (5th Cir. Unit A 1981), cert. denied sub nom., First Pentecostal Church v. United States, 455 U.S. 920, 102 S.Ct. 1276, 71 L.Ed.2d 460 (1982). They have failed to do so. Affidavits and depositions suggest it is unfortunately the case that the appellants have been, in the past, subject to attack for the principles they espouse. But it cannot seriousl…
  • Sierra Club v. Sigler, 695 F.2d 957 (5th Cir. 1983)
    …Trial Court In reviewing the legal rulings of the district court, the court of appeals is free to examine them and reach its own conclusions. See, e.g., United States v. Grayson County State Bank, 656 F. 2d 1070, 1075 (5th Cir.1981), cert. denied, 455 U.S. 920, 102 S.Ct. 1276, 71 L.Ed.2d 460 (1982). Factual findings, of course, are governed by the “clearly erroneous” standard of Fed.R. Civ.P. 52(a). See Morton, 510 F. 2d at 818; see also Pullman-Standard v. Swint, 456 U.S. 273, 284-88, 102 S.Ct. 1781, 178…

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