FUGATE

v.

NEW MEXICO

Citator

Cited By

• Grady v. Corbin, 495 U.S. 508 (U.S. 1990)
  …opardy of life or limb.” It is enforceable against the States through the Fourteenth Amendment. Benton v. Maryland, 395 U. S. 784, 794 (1969). This issue has been raised before us twice in recent years without resolution. See Fugate v. Neio Mexico, 470 U. S. 904 (1985) (affirming by [*511] an equally divided Court); Thigpen v. Roberts, 468 U. S. 27 (1984) (deciding on alternative grounds). The record does not indicate why the return dates for the traffic tickets were changed from October 29 to October 27.…
• Conaway v. Smith, 853 F.2d 789 (10th Cir. 1988)
  …purlock, 798 F. 2d at 1318, (citing Childers v. Independent School Dist. No. 1 of Bryan County, Okla., 676 F. 2d 1338, 1341 (10th Cir.1982); Accord National Gay Task Force v. Board of Educ., 729 F. 2d 1270, 1274 (10th Cir.1984), aff'd, 470 U.S. 903, 105 S.Ct. 1858, 84 L.Ed.2d 776 (1985)). The extent of the government’s burden varies, depending on the nature of the employee’s expression. Speech which involves clear public concern may merit a greater degree of First Amendment protection. Connick, 461 U.S. at…
• Sergeant Perry Watkins v. United States Army, 875 F.2d 699 (9th Cir. 1989)
  …Ct. 3337, 92 L.Ed.2d 742 (1986); National Gay Task Force v. Board of Educ., 729 F. 2d 1270, 1273 (10th Cir.1984) (statute at issue proscribes "public homosexual activity” by teachers), aff’d without opinion by an equally divided Court, 470 U.S. 903, 105 S.Ct. 1858, 84 L.Ed.2d 776 (1985). Both of these circuits held that discrimination based on homosexual conduct does not merit heightened scrutiny under the equal protection clause, but neither circuit attempted any serious analysis of the issue. See Baker v.…