JOHNSON

v.

NEW MEXICO

Citator

Cited By

• Vickery v. State, 539 So. 2d 499 (Fla. 1st DCA 1989)
  …55 (S.D.N.Y.1977), affirmed, 578 F. 2d 1371 (2d Cir.), cert. dismissed, 439 U.S. 801, 99 S.Ct. 43, 58 L.Ed.2d 94 (1978); and State v. Johnson, 105 N.M. 63, 728 P. 2d 473 (N.M.Ct. App.), cert. denied, 104 N.M. 702, 726 P. 2d 856 (1986), cert. denied, 481 U.S. 1051, 107 S.Ct. 2185, 95 L.Ed.2d 841 (1987). We conclude that the enhancement theory advocated by the appellants herein is inapplicable to Florida’s RICO Act; therefore, no proportionality problem arises under Solem. Thus, we reject appellants’ eighth a…
• Weidner v. Thieret, 932 F.2d 626 (7th Cir. 1991)
  …at defendant be sentenced to death). Federal courts reviewing habeas petitions have scrutinized these certifications to see if they are at odds with the record of the state trial, see Wang v. Withworth, 811 F. 2d 952, 957 (6th Cir.), cert. denied, 481 U.S. 1051, 107 S.Ct. 2185, 95 L.Ed.2d 842 (1987), or sufficiently unequivocal, see Strader v. Troy, 571 F. 2d 1263, 1267 (4th Cir.1978). It is true, as Weidner reminds us, that some courts have expressed doubt as to the value of testimony from judges, either…
• Gila River Indian Community v. Waddell, 967 F.2d 1404 (9th Cir. 1992)
  …equires weighing the state’s interest in “raispng] revenue to fund state-provided services, both on and off the reservation,” Chemehuevi Indian Tribe v. California State Bd. of Equalization, 800 F. 2d 1446, 1449 [*1413] (9th Cir.1986), cert, denied, 481 U.S. 1051, 107 S.Ct. 2184, 95 L.Ed.2d 840 (1987), against the Tribe’s interest in levying its own taxes in order “to provide tribal services on the reservation.” Id. The Tribe’s “interest in raising revenues for essential governmental programs ... is stronge…