PAOLI

v.

LALLY ET AL.

Citator

Cited By

• O.P. Hollis v. J.O. Davis & the Attorney Gen. of the State of Ala., 941 F.2d 1471 (11th Cir. 1991)
  …when “there is either an absence of available state corrective process or the existence of circumstances rendering such process ineffective to protect the right of the prisoner.” See Howard v. Davis, 815 F. 2d 1429, 1430 (11th Cir.), cert. denied, 484 U.S. 864, 108 S.Ct. 184, 98 L.Ed.2d 136 (1987) (“Futility of exhaustion is recognized in this circuit as an exception to the exhaustion requirement of § 2254(b).”). Given the particular facts of this case, where petitioner is unable, without assistance, to…
• United States v. Merchie C. Calabrese, Jr., 942 F.2d 218 (3d Cir. 1991)
  …ing excusal for cause. See Howard v. Davis, 815 F. 2d 1429, 1431 (11th Cir.) (in a murder trial, it was not an abuse of discretion for the district court to fail to excuse for cause a juror who had been a “close friend” of the victim), cert. denied, 484 U.S. 864, 108 S.Ct. 184, 98 L.Ed.2d 136 (1987); United States v. Freeman, 514 F. 2d 171, 173-74 (8th Cir.1975) (no abuse of discretion in failure to excuse for cause a juror who knew the victim’s family “only slightly”). Nor is excusal required where the j…