SMITH

v.

LINAHAN ET AL.

Citator

Cited By

• Solomon v. Kemp, 735 F.2d 395 (11th Cir. 1984)
  …of the crime charged, the jury instructions must be examined in their entirety. The crucial inquiry is whether the charge as a whole fairly instructs the jury on the law to be applied. See Jones v. Kemp, 678 F. 2d 929 (11th Cir.1982), cert. denied, 459 U.S. 1113, 103 S.Ct. 745, 74 L.Ed.2d 965 (1983). See also Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Looking to the overall charge in this case, we find it unlikely that the jury was misled into imputing intent to kill from a con…
• Nelson v. Nagle, 995 F.2d 1549 (11th Cir. 1993)
  …as reasonable in light of the factual innocence defense. See, e.g, Jones v. Kemp, 678 F. 2d 929, 931 (11th Cir.1982) (finding that defense counsel’s failure to develop an inconsistent defense was not ineffective assistance of counsel), cert. denied, 459 U.S. 1113, 103 S.Ct. 745, 74 L.Ed.2d 965 (1983). Because, Nelson fails to demonstrate that Dawson rendered deficient performance, we need not address the prejudice prong of the ineffective assistance of counsel test. C. The Brady Claim Nelson contends that t…
• Darrel Ray Leonard and Johnny A. Casselbury v. L.T. Hammond, Jr., 804 F.2d 838 (4th Cir. 1986)
  …has not addressed the right to appointed counsel in a nonsupport civil contempt case. The court did consider the issue in a civil paternity proceeding. See Wake County, ex rel. Carrington v. Townes, 306 N.C. 333, 293 S.E. 2d 95 (1982), cert. denied, 459 U.S. 1113, 103 S.Ct. 745, 74 L.Ed.2d 965 (1983). Although the court applied the Jolly case-by-case approach to the Townes facts, the risk of physical confinement was not involved therein. Indeed, the court, recognizing that due process presumptively require…