MINNICK ET AL.
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS ET AL.

U.S. | 1980-07-02
No. 79-1213
448 U.S. 910 Supreme Court of the United States (1980) Caution
Cited by 4 cases

Opinion

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  • Tura Yohn v. State, 450 So. 2d 898 (Fla. 1st DCA 1984)
    …of the accused must be proved by the prosecution as any other element of the offense, beyond a reasonable doubt. Holmes v. State, 374 So. 2d 944 [*901] (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1845, 64 L.Ed.2d 267 (1980), rehearing denied, 448 U.S. 910, 100 S.Ct. 3057, 65 L.Ed.2d 1140 (1980). The refusal of a trial court to give a requested instruction is not error, however, when the instructions which are given, considered as a whole, correctly state the law and fairly present the theory of the r…
  • Minnick v. Cal. Dep't of Corr., 452 U.S. 105 (U.S. 1981)
    …akke, 438 U. S. 265. The Court of Appeal’s [*107] opinion, however, also identified certain problems that “require examination if the case is to be retried.” Thus although we granted certiorari to review the merits of the Court of Appeal’s deci^iqn, 448 U. S. 910, we first must confront the question whether'.the writ should be dismissed because the judgment did not finally determine the legal status of the challenged plan. I The 1974 “Affirmative Action Program,” as revised in 1975, is a lengthy and somewh…
  • …re unlawful because they resulted in the denial of admission to those schools of some black applicants but no white applicants. The District Court upheld the plan, and the Court of Appeals affirmed. 604 F. 2d 504 (CA7 1979). We granted certiorari, 448 U. S. 910 (1980), but then vacated the judgment and remanded the case “for further consideration in light of the subsequent development described in the suggestion of mootness filed by respondents.” 449 U. S. 915 (1980). That development was the entry of a…

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