GLOBE NEWSPAPER CO. ET AL.

v.

KING

Citator

Cited By (22 total)

• YEE v. City of Escondido, 503 U.S. 519 (U.S. 1992)
  …ontrol ordinance is unconstitutional, and an injunction barring the ordinance’s enforcement. Id., at 5-6. In their opposition to the city’s demurrer, the Yees relied almost entirely on Hall v. Santa Barbara, 833 F. 2d 1270 (CA9 1987), cert. denied, 485 U. S. 940 (1988), which had held that a similar mobile home rent control ordinance effected a physical taking under Loretto v. Teleprompter Manhattan CATV Corp., 458 U. S. 419 (1982). The Yees candidly admitted that “in fact, the Hall decision was used [as] a…

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• Cunningham v. Zant, 928 F.2d 1006 (11th Cir. 1991)
  …here the erroneous instruction was applied to an element of the crime that was not at issue in the trial, or (2) where the evidence as to defendant’s guilt was overwhelming.” Bowen v. Kemp, 832 F. 2d 546, 548 (11th Cir.1987) (en banc), cert. denied, 485 U.S. 940, 108 S.Ct. 1120, 99 L.Ed.2d 281 (1988). There can be little doubt that the charge on intent was unconstitutional under Sandstrom, supra, and Francis v. Franklin, 471 U.S. 307, 105 S.Ct. 1965, 85 L.Ed.2d 344 (1985).11 Accordingly, in order to ascert…
• Stevens v. Zant, 968 F.2d 1076 (11th Cir. 1992)
  …the erroneous instruction was applied to an element of the crime that was not at issue in the trial, or (2) where the evidence as to the defendant’s guilt was overwhelming. Bowen v. Kemp, 832 F. 2d 546, 548 (11th Cir.1987) (en banc), cert. denied, 485 U.S. 940, 108 S.Ct. 1120, 99 L.Ed.2d 281 and cert. denied, 485 U.S. 970, 108 S.Ct. 1247, 99 L.Ed.2d 445 (1988); see also Stephens v. Kemp, 846 F. 2d 642, 659 (11th Cir.), cert. denied, 488 U.S. 872, 109 S.Ct. 189, 102 L.Ed.2d 158 (1988); Drake v. Kemp, 762 F…