DIAMOND SHAMROCK CHEMICALS CO. ET AL.
v.
RYAN ET AL.

U.S. | 1984-02-27
No. 83-1174
465 U.S. 1067 Supreme Court of the United States (1984) Positive Treatment
Cited by 34 cases

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Cited By (34 total)

  • United States v. Rosenthal, 793 F.2d 1214 (11th Cir. 1986)
    …ention to refer to the defendant’s silence; or, (2) the remark was of such a character that the jury would “naturally and necessarily” take it to be a comment on defendant’s silence. United States v. Shaw, 701 F. 2d 367 (5th Cir.1983), cert. denied, 465 U.S. 1067, 104 S.Ct. 1419, 79 L.Ed.2d 744 (1984). The court must consider the intent of the prosecutor and the character of the remarks in the context in which they occur. United States v. Forrest, 620 F. 2d 446 (5th Cir.1980). The burden of proving such inte…
  • United States v. Espinoza-Seanez, 862 F.2d 526 (5th Cir. 1988)
    …). Hence, since the agents could search the automobile Gilbert drove they could also search the trunk. The standard for probable cause for an automobile search is delineated in United States v. Shaw, 701 F. 2d 367, 376 (5th Cir.1983), cert. denied, 465 U.S. 1067, 104 S.Ct. 1419, 79 L.Ed.2d 744 (1984). There we stressed that probable cause consists not of each individual datum of information being weighed but rather that the information should be considered as a “laminated total” and that it consists of a sy…
  • …owing certification of the two classes, the defendants petitioned this court for a writ of mandamus to compel the district court to vacate certification of the classes. See In re Diamond Shamrock Chemicals Co., 725 F. 2d 858 (2d Cir.), cert. denied, 465 U.S. 1067, 104 S.Ct. 1417, 79 L.Ed.2d 743 (1984). In denying the petition, we noted that “mandamus is an extraordinary remedy,” id. at 859, and that “[r]eview of the many issues raised by the class certification will be available when the ramifications of e…
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