Legal Opinion
United States v. Payne
District Court, D. Massachusetts
Decided July 20, 1995No. Civ. A. 90-10229-WGYPublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG, District Judge.
“Three strikes and you’re out” is the popular phrase, universally understood here in America. 1 Despite the popular catchwords, however, as politics is not beanbag 2 so law is not baseball. A hallmark of the law is its capacity for further, reflective proceedings. To exhaust the metaphor, this case presents the intriguing question, “What happens if, long after the game is over, one of the strikes is ultimately ruled to have been a ball?” This issue — a common one in this district, see the comprehensive opinion decided today by Judge Keeton, Pettiford…
2Cases cited54 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Teague v. LaneSupreme Court of the United States · 1989
- McCleskey v. ZantSupreme Court of the United States · 1991
- Penry v. LynaughSupreme Court of the United States · 1989
- Collins v. YoungbloodSupreme Court of the United States · 1990
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3Cited by19 opinions
- United States v. CoxCourt of Appeals for the Tenth Circuit · 1996
- Commonwealth v. LopezMassachusetts Supreme Judicial Court · 1998
- Brackett v. United StatesCourt of Appeals for the First Circuit · 2001
- United States v. PettifordCourt of Appeals for the First Circuit · 1996
- United States v. Robert James GadsenCourt of Appeals for the Fourth Circuit · 2003
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