SOLOMON

v.

HARRIS, WARDEN, ET AL.

Citator

Cited By (21 total)

• Amos Lee King, Jr. v. State, 514 So. 2d 354 (Fla. 1987)
  …ld create lingering or whimsical doubt of King’s guilt which should be considered as a nonstatutory mitigating circumstance.1 The lingering doubt theory has been used several times. Smith v. Wainwright, 741 F. 2d 1248 (11th Cir.1984), cert. denied, 470 U.S. 1087, 105 S.Ct. 1853, 85 L.Ed.2d 150 (1985); Smith v. Balkcom, 660 F. 2d 573 (5th Cir.1981), cert, denied, 459 U.S. 882, 103 S.Ct. 181, 74 L.Ed.2d 148 (1982). This Court, however, has consistently held that residual, or lingering, doubt is not an appro…

  ← 1 / 2 →
• United States v. Mesa-Rincon, 911 F.2d 1433 (10th Cir. 1990)
  …8 S.Ct. at 370. Relying primarily on New York Telephone, two circuit courts have held that Rule 41 authorizes district courts to issue warrants for video surveillance. See United States v. Torres, 751 F. 2d 875, 877-78 (7th Cir.1984), cert. denied, 470 U.S. 1087, 105 S.Ct. 1853, 85 L.Ed.2d 150 (1985); United States v. Biasucci, 786 F. 2d 504, 509 (2d Cir.1986). We are in agreement with the Seventh Circuit’s statement that “[w]e cannot think of any basis on which the rule might be thought sufficiently flexib…

  ← 1 / 2 →
• Lindsey v. Smith, 820 F.2d 1137 (11th Cir. 1987)
  …tion should be construed as a decision on the merits of these claims. For, assuming arguendo that appellant is not procedurally barred from asserting these claims, see Smith v. Wain [*1145] wright, 741 F. 2d 1248, 1258 (11th Cir.1984), cert. denied, 470 U.S. 1087, 105 S.Ct. 1853, 85 L.Ed.2d 150 (1985), we conclude that appellant has not demonstrated on the merits of these or any of his claims that he is entitled to habeas relief. III. JURY COMPOSITION In addition to the procedurally barred Swain claim, app…