Search for: "Grant Burton"
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9 Jan, 2007 9:15 am
... a question for SCOTUS gurus: shouldn't the Supreme Court in Burton have just dismissed the petition as improvidently granted (a
DIG), rather than turn the case into a ruling on ... to comply with the gatekeeping requirements of 28 U.S.C. §2244(b). Because Burton was
supposed to be about Blakely retroactivity, the parties and amici focused on this complicated and very ... these matters after so many folks, upon the Court's decision to
grant cert, spent so much time and energy on the important (and now ...
4 May, 2008 3:46 pm
We previously noted CAAF's grants of review in United States v. Burton, __ M.J. ___, No. 07-0848/AF (C.A.A.F. May ... 's take a quick
look at that case. The first granted issue in Burton is whether the trial counsel improperly argued that Staff Sergeant Burton had a propensity to commit sexual offenses. ... did not prejudice a substantial right of the appellant. Id., slip op. at 6. The second granted
issue deals with the military judge's responsibility to instruct the members about the use of propensity ...
21 Aug, 2008 12:58 am
... Dean Burton was given so much power. After the jump, we have listed some of the responsibilities of the Dean of Students (which includes
having the sole discretion in granting or denying makeup exams and being in charge of the support services). On a side note, We feel that CUNY is responsible for the history of
problems with Dean Burton. It is shameful that there is no structure in place to help professors become good, ...
2 May, 2008 9:46 am
... ERRED BY FAILING TO GIVE AN ADDITIONAL INSTRUCTION ON THE USE OF PROPENSITY EVIDENCE. United States v. Burton, __ M.J. ___, No. 07-0848/AF
(C.A.A.F. May 1 ... to the Air Force Court's decision in the case. The second granted case is from the Marine Corps. Here's the granted issue: WHERE THE LOWER COURT FOUND
A CONSTITUTIONAL VIOLATION, DID IT ERR ... . May 1, 2008) (order). Unfortunately I won't have a chance to write about these grants tonight. If no one beats me to it, I'll post
more over the weekend ...
10 Jan, 2007 10:18 am
... thoughtful report in the Daily Journal of California on the Supreme Court's somewhat disappointing Burton ruling yesterday. The piece is
entitled "Justices Reject 'Blakely' Follow-Up," and ... Supreme Court's interest in answering the Blakely retroactivity question, the justices could grant review in another case soon - if a good case is available to them. Stanford ... professor Jeffrey L. Fisher, who argued and won Blakely and argued
Burton's retroactivity bid, said he and others were "shaking the trees ...
14 Jul 5:19 pm
... Los Angeles. The incident occurred Monday night and involved 52-year-old Burton who was traveling down Beverly Boulevard when a 74-year-old
woman in a 2006 Scion attempted ... car and then into two other autos that were situated nearby. Both Burton and the woman complained of pain
and were taken to Cedar-Sinai Medical Center ... especially if the condition affects motor skills. After a car accident, take nothing for granted. Continue to look for signs of a
problem and seek medical assistance if you notice ...
9 Jan, 2007 9:28 am
Burton v. Stewart, 127 S. Ct. ___ (2007). Burton received an exceptional sentence of 258 months above
the 305 month ceiling of the statutory range. The sentence became final after Apprendi v. New Jersey but before Blakely v. ... petition because it had not been filed as required by the
AEDPA gateway; this was a second or successive petition for which permission had not been granted under 28 U.S.C. § 2244(b). The per curiam decision reversed all proceedings and
held that the habeas proceeding must be ...
10 Jul 2:01 pm
The downward spiral of real estate appears to have taken another developer into Chapter 11. Lake Burton Development, LLC, owned by Killearn,
and the developer of Waterfall Country Club and Waterfall at Lake Burton, filed a ... owing significant past-due taxes in Clayton County. As
Banks are getting much more strict about their lending, they are refusing to grant permanent loans or renew construction or development loans,
especially where the loan-to-value ratio has changed significantly. I've met ...
9 Jan, 2007 9:44 am
"Shouldn't SCOTUS have just DIG'd Burton?" Law Professor Doug Berman has this post at the "Sentencing Law and Policy" blog. I think the short
answer is that today's per curiam opinion recognizes that neither of the lower courts possessed jurisdiction to rule on the case, whereas a dismissal as improvidently granted
would have permitted the lower court rulings to remain in effect.
24 Feb, 2007 12:46 pm
In Feb. 2007, SCOKY granted discretionary review in David Ray Burton v. CSX Transportation, Inc. (2006-SC-0695-DG) which involved a FELA
claim with disputes over the qualifications of the experts and a non-delegable duty jury instruction. The trial was in Jefferson County over the unsafe workplace and the dangers from
cleaning solvents....
21 Feb, 2008 7:16 am
... the Wyoming Supreme Court. Case Name: Three Way, Inc. v. Burton Enterprises, Inc.; Burton
Enterprises, Inc. v. Three Way, Inc. Citation: 2008 ... contract for the construction of certain water and sewer mains. After the jury found that Burton breached the contract, the district court found the contract to be unambiguous and ordered specific ... relevant to those issues so the district court
did not abuse its discretion in granting Burton's motion in limine in that regard. Three Way's motion to affirm ...
2 Sep, 2008 3:34 pm
... prison by a judge who ruled his capital murder trial was unconstitutionally flawed. Darryl Burton, 46, was scheduled to appear Tuesday at a
news conference in Kansas City along with the lawyers ... witnessed the shooting. But one of those witnesses, Claudex Simmons, lied during Burton's 1985 trial in St. Louis Circuit Court when he testified that his ... 8th U.S. Circuit Court of Appeals, while refusing on other grounds to
grant Burton a new trial, said in 2002 it found the case troubling. Noting evidence ...
18 Feb, 2008 6:14 pm
... an employee who discloses the amount of his or her wages. This statute was broadly interpreted by the Court of Appeal in Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 136. There, the court upheld a claim for wrongful
termination against public policy after an employee was ... increase in pay, perceived disparities in pay, or the awarding of bonuses." Only months after the court's Grant Burton decision, the legislature enacted Labor Code section 232.5: No employer may do ...
26 Feb, 2008 4:00 pm
... as heat, bathroom availability, no seating during breaks and lunch, and promotion decisions." The trial court granted the defendant employer's motion for summary judgment on
the basis that plaintiff's claims were preempted by the National ... heard in this tribunal." The Court of Appeal affirmed. You can download Luke v. Collotype Labels USA, Inc. here in
pdf or word format. One is left to wonder to what extent Grant-Burton v. Covenant Care (2002) 99
Cal.App.4th 1361 (plaintiff can assert wrongful ...
16 Feb, 2008 7:49 am
... conditions was a "concerted activity" that were "arguably" protected by the NLRA. As such they fall within the "Garmon" preemption doctrine. Although the court in Luke did not even
cite the court of appeal's decision in Grant-Burton v. Covenant Care, 99 Cal.App.4th 1361 (2002),
opinion here, this decision contradicts Covenant Care's holding that a common law wrongful termination claim based on section 232 (prohibiting discharge for ...
30 Jan, 2008 9:40 pm
... hold onto." He filled out the brief application in 2003. Thanking 'Miss Burton' Everybody warned Whitfield that the evidence from his case
likely was gone. Norfolk police ... he was not in Ohio. More important, his case was handled by Mary Jane Burton, a headstrong scientist not
given to policies that involved trashing her work. When the state ... up. Gov. Timothy M. Kaine, who declined to comment for this story, hasn't granted a pardon. But the
Democrat, who took office in January 2006, hasn't denied ...
16 Aug, 2008 4:08 am
... old in prison and was never allowed to have the life most men take for granted....a family with one or two children. He feels blessed to have found someone ... County medical
examiner, who was called by the defense as an expert witness in Kennedy's trials. Burton, in the letter to Coffin, said he had analyzed the
submitted transcript of Noguchi's ... before the slaying occurred. The defense attorneys said they were not informed of the Burton letter until
after the trials. Had they known earlier, they said ...
19 Apr, 2008 6:50 pm
... support finding of age-based discrimination and/or award of damages for emotional distress." Discretionary review granted 8/15/2007 Pike Circuit Court, Judge Steven D. Combs
For Movant: ... Brief Appellant's Reply Brief THURSDAY, APRIL 17, 2008 9:00 a.m. BURTON V. CSX TRANSPORTATION, INC. (2006-SC-695-DG) "Personal
Injury. Exposure to ... alleged rape victim after she ran from her home following the incident." Discretionary review granted 5/16/2007 Fayette Circuit Court, Judge Gary D. Payne
For Movant: ...
26 Aug, 2008 11:52 am
... G. Phillips was co-author of the eBay brief to the Supreme Court which had the "fib" about patent grant rate [ Gross error in the eBay
brief to Supreme Court in MercExchange case] The inequitable conduct charge against Star ... the patent application.] AND Delmendo testified that although he was initially concerned
about the information, he then spoke with Burton, analyzed the letter, and ultimately concluded that neither it nor its content was material to
the contemplated patent application. AND ...
19 May, 2007 5:12 am
... in the original contract and, as the Court correctly pointed out, the continued use of the Cingular name on Burton's car after it
disappears from use in the marketplace will only promote confusion. From a legal standpoint, the grandfather clause was granted to Cingular and Sprint was aware of it when it
negotiated its title sponsorship agreement and AT&T acquired Cingular stock. I'm unaware of any clause in the sponsorship ...
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