Braen v. Laganella

Samuel BRAEN, Jr. v. Nicholas LAGANELLA

Braen v. Laganella, 498 U.S. 1066 (1991)

Court: Supreme Court of the United States
Decided: January 22, 1991
Docket: No. 90-389
Citations: 498 U.S. 1066111 S. Ct. 782112 L. Ed. 2d 84559 U.S.L.W. 35011991 U.S. LEXIS 508

Cited by 54 5 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit.

Denied.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

(issue preclusion not available if state jury finding of malicious intent based on preponderance of evidence rested on lower standard of proof than judgment creditor must meet in establishing malice to avoid discharge of debt in bankruptcy)

State v. Yelli, 530 N.W.2d 250 (Neb. 1995)
("If the known facts fall so short of probable cause [for filing a criminal complaint] that a person of common prudence would recognize its absence, one may infer that the defendant recognized its absence and [acted] with an ulterior motive.”)

Merritt v. Thompson (In re Thompson), 162 B.R. 748 (Bankr. E.D. Mich. 1993)
("It has long been well established in this Circuit that it is reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent.”)

United States v. Bradfield, 103 F.3d 1207 (5th Cir. 1997)
(reviewing court must consider charge as whole)

United States, in 91-1201 v. McGill, Jr., 964 F.2d 222 (3d Cir. 1992)

Cited by 54 cases

View all citing references →

Relies on it most ⓘ

Todaro v. Township of Union27 F. Supp. 2d 517 (D.N.J. 1998)
Smith v. Holtz30 F. Supp. 2d 468 (M.D. Penn. 1998)
United States v. Michael Roy Shively, Kim Renee Shively and George Russell Johnson927 F.2d 804 (5th Cir. 1991)
In re Miamisburg Train Derailment Litigation626 N.E.2d 85 (Ohio 1994)
In re Miamisburg Train Derailment Litigation1994 Ohio 490
Mercury Marine Acceptance Corp. v. Cheslock (In re Cheslock)148 B.R. 431 (W.D. Pa. 1992)

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United States v. Nicholas Garcia and John O'valle, Jr.268 F.3d 407 (6th Cir. 2001)
United States v. Naranjo259 F.3d 379 (5th Cir. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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