alt.social-security-disability

On Sat, 22 Sep 2007 22:03:00 GMT, wrote:

>"Puddin' Man" wrote in message news:smuaf31u2heioaqsmf7c1qak85h8tjv8he@ ...
>> On Sat, 22 Sep 2007 20:17:31 GMT, wrote:
>>
>> >"Puddin' Man" wrote in message news:dkfaf31c65klngpqf1hn1jl8rc6df3d891@ ...
>>
>> ...
>>
>> >I found a summary of the case, and it doesn't have anything to do
>> >with SSDI:
>> >
>> >Ryder v. Morris , 752 327, 332 (8th Cir. 1985)
>> >
>> >United States 8th Circuit Court of Appeals Reports -
>> > RYDER v. MORRIS, 752 327 (8th Cir. 1985)
>> >
>> >[1] Virgil Franklin Ryder appeals from a final judgment entered
>> >in the United States District Court for the Eastern District of
>> >Missouri denying his petition under 28 . § 2254 for habeas
>> >corpus relief. The district court dismissed the case without a
>> >hearing, holding that Ryder's claim he had been convicted of
>> >second degree murder on the basis of illegally seized evidence
>> >was barred from federal habeas review by Stone v. Powell,
>> >428 . 465, 96 . 3037, 49 1067 (1976).
>> >
>> >For reversal, Ryder contends that in the circumstances of this
>> >case (1) the district court's reliance on Stone v. Powell was
>> >misplaced; and (2) his sentence was based on an erroneous
>> >presentence report, in violation of his rights under the fifth, sixth,
>> >and fourteenth amendments. We conclude the district court did
>> >not err in holding Ryder's conviction had been constitutionally
>> >obtained; however, we remand for hearing in the district court
>> >of Ryder's challenge to the legality of his sentence.
>>
>> This is a Big Help. Much thanks. To out-search po' me is no
>> big deal: to out-search po' me -and- Jack is impressive. Cudos.
>
>Not really. Any law library will suffice.

You have one in the back room your house maybe?

>> I didn't necessarily expect it to be a SSDI case. Lots of non-SSDI
>> cases can get quoted directly or indirectly in SSDI decisions.
>
>You sure had me fooled:
>
>>>> This has to do with an SSDI "Pain" case recently denied
>by US Ct. of Appeals

You desire, p'raps, the grisly entrails of the hideous beast (or
at least part of 'em)?

"The Supposed Final Death of the Puddin' Case" in US Ct. Appeals
references
Flynn v. Chater
which references
Misner v. Chater
which references
Novotny v. Chater
which references
Ownbey v. Shalala
which references
Ryder v. Morris

I didn't, of course, say that Ryder v. Morris was *directly* related
to the SSDI case.

>> Wouldn't mind hearing how you found it ...
>
>See above.

The law library? Hope you didn't have to make a special trip.
Extra thanks if you did.

>> I still need the original text of the decision if I can get it,
>> because the above doesn't specifically delineate what issue(s)
>> were ignored with impunity due to not being put before a lower court.
>> There's also (potentially) a "manifest injustice" issue or somesuch.
>
>Ok.

Safe to assume the law library doesn't have the original text?

Thanks,
P

"Mit der Dummheit kaempfen Goetter selbst vergebens!"
-Friedrich Schiller