WALLACE ET AL.

v.

PHELPS, SECRETARY, LOUISIANA DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By (20 total)

• Harris v. Reed, 489 U.S. 255 (U.S. 1989)
  …15 F. 2d 64, 65 (CA10 1987) (federal court must address the merits of federal claim whenever state court has addressed the merits of the federal claim, even if it is clear that the state court alternatively relied on a procedural bar), cert. denied, 483 U. S. 1023 (1987), and with Shepard v. Foltz, 771 F. 2d 962, 965 (CA6 1985) (when it is unclear whether the state court relied upon a procedural bar, the federal court should examine the arguments presented to the state court). See also Mann v. Dugger, 817 F.…
• United States v. McNEESE, 901 F.2d 585 (7th Cir. 1990)
  …05 S.Ct. 1354, 84 L.Ed.2d 377 (1985). The omission of a fact from an affidavit is material only if it amounts to deliberate falsehood or reckless disregard for the truth. United States v. Kimberlin, 805 F. 2d 210, 252 (7th Cir.1986), cert. denied, 483 U.S. 1023, 107 S.Ct. 3270, 97 L.Ed.2d 768 (1987).3 Mere negligence by the affi-ant does not constitute reckless disregard for the truth. United States v. A Residence Located at 218 Third Street, 805 F. 2d 256, 258 (7th Cir.1986). Nor is an omission material…
• United States v. Malin, 908 F.2d 163 (7th Cir. 1990)
  …rvation of marijuana growing in Malin’s yard reasonably yielded the conclusion that marijuana or other evidence of marijuana possession would be found in Malin’s house. See United States v. Kimberlin, 805 F. 2d 210, 228 (7th Cir.1986), cert. denied, 483 U.S. 1023, 107 S.Ct. 3270, 97 L.Ed.2d 768 (1987). Malin makes much of the fact that Stal-lard’s complaint cited no evidence establishing that the marijuana was cultivated (although the marijuana was in fact cultivated). Malin argues that Stallard’s failure t…