VARITY CORP.

v.

HOWE ET AL.

Citator

Cited By

• Town OF Jupiter v. Garcia, 698 So. 2d 871 (Fla. 4th DCA 1997)
  …hether its illegal use was an isolated event or had been repeated; and (5) whether the purpose' of acquiring, maintaining or using the property was to carry out the offense. United States v. Chandler, 36 F. 3d 358, 365 (4th Cir.1994), cert. denied, 514 U.S. 1082, 115 S.Ct. 1792, 131 L.Ed.2d 721 (1995). If the instrumentality test is met, most federal courts then apply a “proportionality” analysis. The Eleventh Circuit noted that courts must ask: “Given the offense for which the owner is being punished, is…
• Jones v. United States, 529 U.S. 848 (U.S. 2000)
  …overed), modified on other grounds, 90 F. 3d 444 (1996) (per curiam), United States v. Mennuti, 639 F. 2d 107 (CA2 1981) (same), with United States v. Ryan, 41 F. 3d 361 (CA8 1994) (en banc) (vacant former commercial property covered), cert. denied, 514 U. S. 1082 (1995), United States v. Ramey, 24 F. 3d 602 (CA4 1994) (owner-occupied residence covered), cert. denied, 514 U. S. 1103 (1995), and United States v. Stillwell, 900 F. 2d 1104 (CA7) (same), cert. denied, 498 U. S. 838 (1990). Compare United States…

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• Crawford v. Head, 311 F.3d 1288 (11th Cir. 2002)
  …relief. The Georgia Supreme Court subsequently denied Crawford’s application for a certificate of probable cause on November 24, 1993, and the United States Supreme Court again denied his petition for certiorari on April 24, 1995, Crawford v. Zant, 514 U.S. 1082, 115 S.Ct. 1792, 131 L.Ed.2d 721, reh’g denied, 515 U.S. 1137, 115 S.Ct. 2570, 132 L.Ed.2d 821 (1995). Crawford filed his § 2254 habeas petition in the district court on April 23, 1997. The district court conducted an evidentiary hearing on March 3…