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Roane et al v. Gonzales et al

RESPONSE to 2 MOTION to Stay, MOTION for Preliminary Injunction Barring Their Execution

7 Cited authorities

  1. U.S. v. Roane

    378 F.3d 382 (4th Cir. 2004)   Cited 709 times
    Holding that conclusory allegations of prosecutorial misconduct do not warrant an evidentiary hearing or form a basis for relief

  2. U.S. v. Tipton

    90 F.3d 861 (4th Cir. 1996)   Cited 215 times   4 Legal Analyses
    Holding that "frequent instructions on the need to give each defendant's case individualized consideration sufficed to reduce the risk to acceptable levels" in joint capital penalty hearing

  3. Roe v. United States

    520 U.S. 1253 (1997)   Cited 51 times   2 Legal Analyses
    Holding that no constitutional violation is presented by the fact that a defendant makes the difficult choice of whether to testify on his own behalf

  4. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,768 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  5. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,224 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  6. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,185 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  7. Section 2244 - Finality of determination

    28 U.S.C. § 2244   Cited 65,192 times   166 Legal Analyses
    Holding that § 2255 incorporates § 2244(b) as part of the certification procedures of § 2244 and instructing that "the district court must dismiss the motion that we have allowed the applicant to file, without reaching the merits of the motion, if the court finds that the movant has not satisfied the requirements for the filing of such a motion."