CAPE

v.

FRANCIS, WARDEN

Citator

Cited By

• Philippe Serge Langelier v. Gerry Coleman, 861 F.2d 1508 (11th Cir. 1988)
  …g direct appeal of criminal conviction, all proceedings had in the prosecution from its inception are abated).4 Moreover, the Supreme Court may have rejected Langelier’s constitutional arguments in Nyflot v. Minnesota Commissioner of Public Safety, 474 U.S. 1027, 106 S.Ct. 586, 88 L.Ed.2d 567 (1985). The parties here vigorously dispute the prece-dential effect of that case, in which the Supreme Court dismissed an appeal from the Minnesota Supreme Court for want of a substantial federal question. In Nyflot…
• Griffith v. Illinois, 482 U.S. 910 (U.S. 1987)
  …Justice White, dissenting. I agree with the majority that this case is not a proper appeal but, for the reason stated in my dissent from denial of certiorari in Nyflot v. Minnesota Commissioner of Public Safety, 474 U. S. 1027 (1985), I would grant certiorari.…
• McVEIGH v. Smith, 872 F.2d 725 (6th Cir. 1989)
  …t 1833. The instant case is distinguishable from Schmerber since in the instant case petitioner did have the right to refuse to submit to the breath test. The instant case, however, is analogous to Nyflot v. Minnesota Commissioner of Public Safety, 474 U.S. 1027, 106 S.Ct. 586, 88 L.Ed.2d 567 (1985) (mem.), in this respect. In Nyflot, the Supreme Court dismissed for want of a substantial federal question an appeal claiming that appellant had a [*728] sixth amendment right to counsel with respect to the dec…