OHLENDORF ET UX.

v.

GAYLES ET AL.

Citator

Cited By

• United States v. Hall, 778 F.2d 1427 (9th Cir. 1985)
  …carefully carved. See Annot., 21 A.L.R.Fed. 655 (1973). Hall acknowledges this, as well as the fact that persons convicted of the same crime need not receive similar sentences. Schneider v. California, 427 F. 2d 1178, 1179 (9th Cir.) cert. denied, 401 U.S. 929, 91 S.Ct. 925, 28 L.Ed.2d 209 (1971). Hall argues, however, that in the case of similar codefendants, where there is a disparity in the punishment given, the disparity must be explained on the record. Hall relies on United States v. Capriola, 537…
• Tomasino v. People OF the State OF Cal., 451 F.2d 176 (9th Cir. 1971)
  …not state a cause of action. Were the motion to remand to be heard and amendment permitted, it would still not state a claim upon which relief could be granted. Schneider v. California, 427 F. 2d 1178 (9th Cir. 1970), appeal dismissed, cert. denied, 401 U.S. 929, 91 S.Ct. 925, 28 L.Ed.2d 209 (1971). Under those circumstances, we do not believe that the appellant is deprived of constitutional rights nor is the administration of justice served by requiring the district court to perform a useless exercise. See…
• Chesley A. Steele v. Haley, 451 F.2d 1105 (1st Cir. 1971)
  …y be vacated by the state court. His fear derives from the opinion of the Massachusetts Supreme Judicial Court in DeCanio v. School Committee of Boston, 1970 Mass.Adv.Sh. 1223, 260 N.E. 2d 676, appeal dismissed, Fenton v. School Committee of Boston, 401 U.S. 929, 91 S.Ct. 925, 23 L.Ed.2d 209 (1971). But that case holds merely that a hearing before discharge of a probationary teacher is not mandated by Massachusetts statute, the Massachusetts Constitution, or the United States Constitution. In contrast, the…