Stevens v. United States
Stevens v. United States, 447 U.S. 921 (1980)
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
C. A. 10th Cir. Certiorari denied.
How later courts describe this case
Explanatory parentheticals written by citing courts — 17 in all; the most informative distinct ones are shown.
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(holding that the District Court had general federal question jurisdiction under 28 U.S.C. Sec. 1331 over nonfrivolous constitutional claims of agency bias and prejudgment)
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(holding that witness’ decision to testify, made solely to avoid being jailed for contempt, is not a matter of free will)
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(seeming to be ready to find a due process violation in rulemaking where agency member has unalterably closed mind on critical issue, despite Bi-Metallic Inv. Co. v. Colorado, 239 U.S. 441, 36 S.Ct. 141, 60 L.Ed. 372 (1915)
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(arguing in the context of a challenge to an FTC Commissioner’s impartiality that the “jurisprudential concerns ... embodied in the exhaustion doctrine, do not bear on whether a court has jurisdiction but only on whether it should exercise that jurisdiction”)
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(Judge Leventhal supplied the swing vote notwithstanding his death a month prior to the decision date)
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(fact that testimony of an accomplice came as part of a plea bargain into which the accomplice entered did not diminish violation of his coming forward to implicate defendant)
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("An agency member may be disqualified from such a [rulemaking] proceeding only when there is a clear and convincing showing that he has an unalterably closed mind on matters critical to the disposition of the rulemaking.")
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(state director of Farmers Home Administration)
Cited by 109 cases
View all citing references →- U.S. Courts of Appeals67
- Federal District Courts22
- Bankruptcy Courts1
- Federal Specialty Courts3
- Military Courts1
- State Highest Courts11
- State Appellate Courts4
Relies on it most ⓘ
- Southern Pacific Communications Co. v. American Telephone and Telegraph Co.
- People v. Briggs
- In re Telecommunications Research and Action Center
- Ticor Title Insurance Company v. Federal Trade Commission
- Gulf Oil Corporation v. United States Department of Energy
- Interco Inc. v. ILGWU National Retirement Fund (In re Interco Inc.)
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.