KELLY

v.

UNITED STATES; AND KELLY V. UNITED STATES

Citator

Cited By (18 total)

• United States v. Kikumura, 918 F.2d 1084 (3d Cir. 1990)
  …finding of fact, see Schneckloth v. Bustamonte, 412 U.S. 218, 227, 93 S.Ct. 2041, 2047, 36 L.Ed.2d 854 (1973), and, as such, is subject only to clearly erroneous review. See, e.g., United States v. Kelly, 708 F. 2d 121, 126 (3d Cir.), cert. denied, 464 U.S. 916, 104 S.Ct. 279, 78 L.Ed.2d 258 (1983); see also id. at 127 (Gibbons, J., dissenting). We cannot conclude that the finding of voluntariness was clearly erroneous. In Schneckloth, the Court instructed that the voluntariness of a consent to search mus…
• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora, 792 F.2d 1187 (1st Cir. 1986)
  …289 (1985); Shakman v. Democratic Organization of Cook County, 722 F. 2d 1307, 1310 (7th Cir.) (per curiam) (party affiliation was an appropriate prerequisite for position of Superintendent of Employment for the Chicago Park District), cert. denied, 464 U.S. 916, 104 S.Ct. 279, 78 L.Ed.2d 258 (1983); Mummau v. Ranck, 687 F. 2d 9 (3d Cir. 1982) (per curiam) (party affiliation was an appropriate prerequisite for position of Assistant District Attorney). In this connection, it is significant that, with the exc…
• Lohorn v. Michal, 913 F.2d 327 (7th Cir. 1990)
  …ic Org. of Cook County, 722 F. 2d 1307, 1310 (7th Cir.) (per curiam) (concluding that Illinois statute setting forth grounds on which employee could be fired should operate as merely "one fact in [the policymaker exemption] calculus"), cert. denied, 464 U.S. 916, 104 S.Ct. 279, 78 L.Ed.2d 258 (1983). . We often have stated that the powers of the office, rather than the tasks performed by a particular occupant of that office, are the focus of the Branti inquiry. See, e.g., Bicanic v. McDermott, 867 F. 2d 39…