MESSER ET AL.

v.

CURCI ET AL.

Citator

Cited By

• Badia v. City OF Miami, 133 F.3d 1443 (11th Cir. 1998)
  …ndment.”), with Rice v. Ohio Dep’t of Transp., 887 F. 2d 716, 720-21 (6th Cir.1989) (because it related only to personal employment dispute, plaintiff’s discrimination charge was not entitled to First Amendment protection), vacated on other grounds, 497 U.S. 1001, 110 S.Ct. 3232, 111 L.Ed.2d 744 (1990), and Yatvin v. Madison Metro. Sch. Dist., 840 F. 2d 412, 420 (7th Cir.1988). (The Eighth Circuit’s opinion in “Greenwood is ... inconsistent with our decision ...; we reject its per se rule.”). See also Mott…
• United States v. Gaetano Vastola, 989 F.2d 1318 (3d Cir. 1993)
  …to the suppression issue, in Vastóla I we too relied on Falcone and summarily affirmed the district court’s decision not to suppress the tapes. 899 F. 2d at 239 n. 33. Vastola then successfully petitioned the Supreme Court, Vastola v. United States, 497 U.S. 1001, 110 S.Ct. 3233, 111 L.Ed.2d 744 (1990), which granted certiorari, vacated our decision and remanded for consideration in light of United States v. Ojeda Rios, 495 U.S. 257, 110 S.Ct. 1845, 109 L.Ed.2d 224 (1990). In Ojeda Rios there was a delay in…
• United States v. Podvey, 994 F.2d 1002 (3d Cir. 1993)
  …does expressly vest the district court with discretion over counsel’s decision to withdraw. District courts commonly exercise discretion over such matters. See, e.g., United States v. Vastola, 899 F. 2d 211, 237 (3d Cir.), vacated on other grounds, 497 U.S. 1001, 110 S.Ct. 3233, 111 L.Ed.2d 744 (1990); Campbell, 874 F. 2d at 849. It hearkens back to what was once a common understanding among attorneys experienced in providing private counsel to criminal defendants; namely, the need to obtain a retainer adeq…