TAVOULAREAS

v.

WASHINGTON POST CO. ET AL.

Citator

Cited By (48 total)

• Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657 (U.S. 1989)
  …factors, a plaintiff is entitled to prove the defendant’s state of mind through circumstantial 'evidence, see Herbert v. Lando, 441 U. S. 153, 160 (1979); Tavoulareas v. Piro, 260 U. S. App. D. C. 39, 66, 817 F. 2d 762, 789 (en banc), cert. denied, 484 U. S. 870 (1987), and it cannot be said that evidence concerning motive or care never bears any relation to the actual malice inquiry. Thus, we are satisfied that the Court of Appeals judged the case by the correct substantive standard. The question whether…

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• Card v. Dugger, 911 F.2d 1494 (11th Cir. 1990)
  ….2d 805 (1986) (quoting Bruce v. Estelle, 483 F. 2d 1031, 1043 (5th Cir.1973)). “The standard of proof is high. The facts must ‘positively, unequivocally and clearly generate’ the legitimate doubt.” Id. 816 F. 2d 564, 566 (11th Cir.), cert. denied, 484 U.S. 870, 108 S.Ct. 198, 98 L.Ed.2d 149 (1987). The district court erroneously set [*1519] forth this “higher burden” in determining whether a Pate violation had occurred. Despite setting forth the improper legal test, the district court correctly followed…
• Varnall Weeks v. Jones, 26 F.3d 1030 (11th Cir. 1994)
  …defense counsel suspects that the defendant is unable to consult with him ‘ “with a reasonable degree of rational understanding,”’ he cannot blindly accept his client’s demand that his competency not be challenged” (citation omitted)), cert. denied, 484 U.S. 870, 108 S.Ct. 198, 98 L.Ed.2d 149 (1987). Accordingly, nothing in Weeks’s behavior or communication put his trial counsel on notice that he was dealing with less than a rational individual for whom the insanity defense was warranted. See Ake v. Oklaho…