SIMMONS

v.

ALABAMA

Citator

Cited By (12 total)

• United States v. Carter, 884 F.2d 368 (8th Cir. 1989)
  …ence of coercion); see also Frazier v. Cupp, 394 U.S. 731, 739, 89 S.Ct. 1420, 1424-25, 22 L.Ed.2d 684 (1969); Flittie v. Solem, 775 F. 2d 933, 945 (8th Cir.1985) (misrepresentation a factor to consider in voluntariness of confession), cert. denied, 475 U.S. 1025, 106 S.Ct. 1223, 89 L.Ed.2d 333 (1986). In this case, the deception was only one of the circumstances considered by the district court. In addition, Carter underwent custodial interrogation, which the Supreme Court continues to recognize as inheren…
• Gonzalez v. Sullivan, 914 F.2d 1197 (9th Cir. 1990)
  …. Refusal to Reopen Generally, courts do not have jurisdiction to review the Secretary’s decision not to reopen a previously adjudicated claim. See Krumpelman v. Heckler, 767 F. 2d 586, 588 (9th Cir.1985), cert. denied sub nom. Krumpelman v. Bowen, 475 U.S. 1025, 106 S.Ct. 1222, 89 L.Ed.2d 332 [*1203] (1986); Davis v. Schweiker, 665 F. 2d 934 (9th Cir.1982). If, however, a person makes a colorable constitutional claim that the decision not to reopen violates the due process clause of the fifth amendment, th…
• United States v. Ricks, 882 F.2d 885 (4th Cir. 1989)
  …4 (1988); United States v. Gentile, 816 F. 2d 1157, 1164 (7 Cir.1987). But see Flittie v. Solem, 775 F. 2d 933, 942 (8 Cir.1985) ("collateral estoppel does not bar relitigation of facts that are evidentiary in the second prosecution”), cert. denied, 475 U.S. 1025, 106 S.Ct. 1223, 89 L.Ed.2d 333 (1986). . Accordingly, we find it unnecessary to determine whether the acquittal of charges arising from the 1979 arrest "necessarily determined” that Ricks did not possess narcotics at that time. . The Court went o…