BEAUDRY MOTOR CO.
v.
ABKO PROPERTIES, INC., ET AL.

U.S. | 1986-10-06
No. 85-2085
479 U.S. 825 Supreme Court of the United States (1986) Positive Treatment
Cited by 4 cases

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  • The United States v. Hilmer Burdette Sandini, 888 F.2d 300 (3d Cir. 1989)
    …assistance of counsel in collateral proceedings under 28 U.S.C. § 2255 rather than on direct appeal. See Government of Virgin Islands v. Forte, 806 F. 2d 73, 77-78 (3d Cir.1986); United States v. Gambino, 788 F. 2d 938, 950 (3d Cir.), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986). Our rationale for reserving such claims for collateral review is that “oft-times such claims involve allegations and evidence that are either absent from or not readily apparent on the record.” Gambino, 788 F.…
  • United States v. Roberto Ramos (87-3921), 861 F.2d 461 (6th Cir. 1988)
    …e to attend religious ceremonies); United States v. Gambino, 788 F. 2d 938, 946-49 (3rd Cir.) (removal of juror who was inadvertently exposed to materials not submitted into evidence upheld as within scope of trial court’s discretion), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986); accord United States v. Molinares Charris, 822 F. 2d 1213, 1223 (1st Cir.1987) (“We should not be quick to second-guess a trial judge, who was in a better position than we are to assess the severity of the situat…
  • Gen. Elec. Co. v. NEW York State Dep't OF Labor, 936 F.2d 1448 (2d Cir. 1991)
    …upplements provisions. We think the district court correctly decided the severability issue. The severability of a state statute is to be determined according to state law. See Doyle v. Suffolk County, 786 F. 2d 523, 526-27 (2d Cir.), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986). When portions of a New York statute are found unconstitutional, the intent of the state legislature in originally enacting the statute is the touchstone in determining whether the remainder of the statute is seve…

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