PETITO

v.

UNITED STATES

Citator

Cited By (13 total)

• B.H. v. State, 645 So. 2d 987 (Fla. 1994)
  …p. 1989). Numerous states explicitly have applied the same principle of law to revive the language of criminal statutes purportedly superseded by an unconstitutional enactment. E.g., State v. Bloss, 64 Haw. 148, 637 P. 2d 1117 (1981), cert. denied, 459 U.S. 824, 103 S.Ct. 56, 74 L.Ed.2d 60 (1982); State v. Clayton, 233 La. 972, 99 So. 2d 312 (1957); State v. Clark, 367 N.W. 2d 168 (N.D.1985); State v. Driver, 598 S.W. 2d 774 (Tenn.1980); see Clark v. State, 287 A. 2d 660 (Del.), cert. denied, 409 U.S. 812,…
• Kalima Jenkins v. The State OF Mo., 807 F.2d 657 (8th Cir. 1986)
  …th the expansion of the boundaries of the City of Indianapolis. The Fourth Circuit affirmed the findings [*679] that the decisions were made with discriminatory purpose. Id. at 1108. In Hoots v. Pennsylvania, 672 F. 2d 1107 (3d Cir.), cert. denied, 459 U.S. 824, 103 S.Ct. 55, 74 L.Ed.2d 60 (1982), the court pointed to findings that in 1971 the state and county boards inténtionally created a district which was 63% black, and four nearby districts that were from 87% to over 99% white. Id. at 1111. This proce…

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• United States v. Yonkers Bd. OF Educ., 837 F.2d 1181 (2d Cir. 1987)
  …growth of segregated schools [*1226] because of community sentiment or the wishes of a majority of voters ’ ” (quoting district court opinion in Hoots reported at 359 F.Supp. 807, 822 (W.D.Pa.1973) (emphasis in Third Circuit opinion)), cert. denied, 459 U.S. 824, 103 S.Ct. 55, 74 L.Ed.2d 60 (1982). We do not read these cases to imply, as the City would have us do, that if invidious discrimination is a significant factor in the community position but is not the dominant factor, the municipality is permitted…