SMITH

v.

BORDENKIRCHER, WARDEN

Citator

Cited By (38 total)

• Victor v. Nebraska, 511 U.S. 1 (U.S. 1994)
  …the reasonable-doubt standard. See, e. g., Smith v. Bordenkircher, 718 F. 2d 1273, 1276 (CA4 1983) (noting agreement with the “uniformly disapproving” view of the appellate courts regarding the use of the “substantial doubt” language), cert. denied, 466 U. S. 976 (1984); see also Taylor v. Kentucky, 436 U. S. 478, 488 (1978) (“[Equating ‘substantial doubt' with reasonable doubt], though perhaps not in itself reversible error, often has been criticized as confusing”).* In a final effort to distinguish the us…
• Smith v. Armontrout, 888 F.2d 530 (8th Cir. 1989)
  …g personal ignorance. Awareness of potential claims is chargeable to competent counsel and, therefore, to the petitioner. Williams v. Lockhart, supra, 862 F. 2d 159, citing Jones v. Estelle, 722 F. 2d 159, 167 (5th Cir.1983) (en banc), cert. denied, 466 U.S. 976, 104 S.Ct. 2356, 80 L.Ed.2d 829 (1984). Dismissal can be avoided if the earlier petition “was filed and litigated without [petitioner’s] knowledge, participation, or authorization,” Williams, 862 F. 2d at 160, but that surely will be a rare case, an…
• Coverdell v. The Dep't OF Soc. & Health Servs., 834 F.2d 758 (9th Cir. 1987)
  …947 (10th Cir.) (where district court properly awarded city employees attorney’s fees incurred in defending frivolous and unreasonable action, employees were also entitled to fees incurred in successful defense of judgment on appeal), cert. denied, 466 U.S. 976, 104 S.Ct. 2358, 80 L.Ed.2d 830 (1984), appellees’ request for fees on this appeal must be denied because Coverdell’s appeal is not “frivolous, unreasonable, or without foundation.” It should be noted that the Meyers case, which disposes of Coverdel…