DELLWAY VILLA OF TENNESSEE, LTD., ET AL.

v.

JORDAN ET AL.

Citator

Cited By (40 total)

• Barnett v. The Hous. Auth. OF the City OF Atlanta, 707 F.2d 1571 (11th Cir. 1983)
  …01 (5th Cir.1970). Although the Supreme Court excused a similar procedural default in City of Newport, we are not persuaded that the same result should obtain in this case. Cf. Black v. Stephens, 662 F. 2d 181, 184 n. 4 (3d Cir.1981), cert. denied, 455 U.S. 1008, 102 S.Ct. 1646, 71 L.Ed.2d 876 (1982). In City of Newport, the defendant municipality raised for the first time its objection to the assessment of punitive damages on a motion for a new trial. 453 U.S. at 253, 101 S.Ct. at 2752-53, 69 L.Ed.2d at 62…
• Colburn v. Upper Darby Twp., 838 F.2d 663 (3d Cir. 1988)
  ….’ ” Estate of Bailey by Oare v. County of York, 768 F. 2d at 506 (citation omitted) (emphasis added); see also Wellington v. Daniels, 717 F. 2d 932, 935 (4th Cir.1983). [*672] In Black v. Stephens, 662 F. 2d 181, 189-91 (3d Cir.1981), cert. denied, 455 U.S. 1008, 102 S.Ct. 1646, 72 L.Ed.2d 475 (1982), it was the failure of the police chief to take certain actions, i.e. delaying disciplinary investigations into conduct of an officer charged with excessive force and failure to file citizens’ complaints about…
• O'Bryan v. W.J. Estelle, Jr., 714 F.2d 365 (5th Cir. 1983)
  …nd, in determining whether fundamental error is present, it is proper to view the charge as a whole. White v. State, 610 S.W. 2d 504, 506 (Tex.Cr. App.1981) (en banc). In Williams v. State, 622 S.W. 2d 116 (Tex.Cr.App.1981) (en banc), cert. denied, 455 U.S. 1008, 102 S.Ct. 1646, 71 L.Ed.2d 876 (1982), the Texas Court of Criminal Appeals refused to hear a capital murder defendant’s contention that he was entitled to a mitigating circumstances instruction during the sentencing phase of his trial where he had…