10 Cited authorities

United States v. Salerno
481 U.S. 739 (1987) Cited 5,466 times 15 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Jones v. United States
463 U.S. 354 (1983) Cited 721 times 6 Legal Analyses
Holding that "when a criminal defendant establishes by a preponderance of the evidence that he is not guilty of a crime by reason of insanity, the Constitution permits the Government . . . to confine him to a mental institution until such time as he has regained his sanity or is no longer a danger to himself or society"
Stack v. Boyle
342 U.S. 1 (1951) Cited 940 times 1 Legal Analyses
Holding appealable an order denying motion to reduce bail
United States v. Orta
760 F.2d 887 (8th Cir. 1985) Cited 350 times
Finding majority of courts hold that burden of persuasion remains with the government and preponderance of the evidence standard applies on the risk of flight
Doe v. Dept. of Public Safety ex Rel. Lee
271 F.3d 38 (2d Cir. 2001) Cited 200 times 1 Legal Analyses
Holding that public dissemination of a state compiled list of registered sex offenders was sufficient to create a stigma for the "stigma plus" test
Johnson-El v. Schoemehl
878 F.2d 1043 (8th Cir. 1989) Cited 244 times
Holding that force may be justified to make an inmate comply with a lawful order, but only if the inmate's noncompliance posed a threat to other persons or to prison security
U.S. v. Joyeros
204 F. Supp. 2d 412 (E.D.N.Y. 2002) Cited 8 times
Stating that Black's definition of "voluntary" is not helpful in determining whether a guilty plea is voluntary since a defendant is always influenced by many factors
Hudson v. Parker
156 U.S. 277 (1895) Cited 97 times
Holding that writ of mandamus may issue where district judge "declines to exercise his discretion, or to act at all, when it is his duty to do so"
Section 3142 - Release or detention of a defendant pending trial
18 U.S.C. § 3142 Cited 30,811 times 10 Legal Analyses
Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."
Section 3145 - Review and appeal of a release or detention order
18 U.S.C. § 3145 Cited 4,478 times 8 Legal Analyses
Granting independent avenue of appeal for custody orders

USA v. Salyer

10 Cited authorities

Holding that "extensive safeguards" are necessary "to repel a facial challenge"

Holding appealable an order denying motion to reduce bail

Finding majority of courts hold that burden of persuasion remains with the government and preponderance of the evidence standard applies on the risk of flight

Holding that public dissemination of a state compiled list of registered sex offenders was sufficient to create a stigma for the "stigma plus" test

Holding that force may be justified to make an inmate comply with a lawful order, but only if the inmate's noncompliance posed a threat to other persons or to prison security

Stating that Black's definition of "voluntary" is not helpful in determining whether a guilty plea is voluntary since a defendant is always influenced by many factors

Holding that writ of mandamus may issue where district judge "declines to exercise his discretion, or to act at all, when it is his duty to do so"

Holding that there is at least one offense where a period of incarceration of at least ten years creates a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community . . . ."

Granting independent avenue of appeal for custody orders