HOLLIN
v.
SOWDERS, SUPERINTENDENT, KENTUCKY STATE REFORMATORY

U.S. | 1984-02-21
No. 83-5906
465 U.S. 1032 Supreme Court of the United States (1984) Positive Treatment
Cited by 5 cases

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  • Gardner v. Ponte, 817 F.2d 183 (1st Cir. 1987)
    …petitioner’s motion for post-conviction relief granted petitioner an adequate substitute for direct appellate review and that his first lawyer’s negligence caused him no injury. See Hollin v. Sowders, 710 F. 2d 264, 266 (6th Cir.1983), cert. denied, 465 U.S. 1032, 104 S.Ct. 1300, 79 L.Ed.2d 699 (1984). Gardner obtained a hearing before the trial court on all the issues he would have raised in a direct appeal. These same issues were reviewed by two appellate courts. Gardner had effective counsel, the issues…
  • …ecision. See, e.g., Mathews v. DeCastro, 429 U.S. 181, 185, 97 S.Ct. 431, 434, 50 L.Ed.2d 389 (1976); Dandridge v. Williams, 397 U.S. 471, 485, 90 S.Ct. 1153, 1161, 25 L.Ed.2d 491 (1970); Price v. Cohen, 715 F. 2d 87, 94 (3d Cir.1983), cert. denied, 465 U.S. 1032, 104 S.Ct. 1300, 79 L.Ed.2d 700 (1984); McCullough v. Redevelopment Auth., 522 F. 2d 858, 876 (3d Cir.1975). Indeed, “[w]e may not compel the state to verify its logical assumptions with statistical evidence.” Price, 715 F. 2d at 95 (upholding wel…
  • …n fundamental rights must be sustained if they are rationally related to a legitimate governmental interest. See Empire Kosher Poultry, Inc. v. Hallowell, 816 F. 2d 907 (3d Cir.1987); Price v. Cohen, 715 F. 2d 87, 92, 94 (3d Cir.1983), cert, denied, 465 U.S. 1032, 104 S.Ct. 1300, 79 L.Ed.2d 700 (1984); Jamieson v. Robinson, 641 F. 2d 138, 142 (3d Cir.1981). The matter at issue here, the right of a manufacturer to invoke the state-of-the-art defense, is not fundamental under the Constitution nor is it a susp…

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