Search for: "Wallace v. US Government"
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25 Feb, 2007 10:49 am
... in Rita/Claiborne) it announced its decision in Wallace v. Kato. The issue effects both criminal lawyers and civil rights attorneys
(or for those of us at The Law Offices of Anthony J ... procedure, that after a person was arrested (and imprisoned) he would be able to sue
the government, whether or not he filed a notice of claim against the county, by alleging the same ... Humprey, 512 US 477(1994), actions for false arrest and unlawful imprisonment are not so tolled. Now here's the thing, we all know ...
1 Oct, 2007 4:22 am
... O., applies equally to seizures of a student's person. See Shuman v. Penn Manor School Dist., 422 F.3d 141, 148 (3d Cir. 2005) ("[S]eizures in the public school context are
governed by the reasonableness standard, giving special consideration to the goals and responsibilities of our public schools."); Wallace v. Batavia School Dist. 101, 68 F.3d 1010, 1014 (7th Cir. 1995) ("[I]n the context of a public school, ...
8 Jun, 2007 2:02 pm
... we affirm the judgment, albeit on the somewhat different grounds as dictated by the recent decision in Wallace v. Kato, 127 S. Ct.
1091 (2007). 07a0207p.06 2007/ ... Constitution, primarily his First and Fourteenth Amendment right not to be terminated from government
employment on account of his political beliefs. Defendants moved for summary judgment, arguing ... want of jurisdiction. 07a0211p.06 2007/06/06 River City Capital v. Bd of County
Comm Southern District of Ohio at Cincinnati BOYCE F. MARTIN ...
25 May 4:24 am
... if probable cause was lacking on the face of the affidavit. Franks v. Delaware, supra. That brings us to U.S. v. Hanna, 2008
WL 2478830 (U.S ... Skyport, TIGS, and Global Telecommunications over the payment of funds. U.S. v. Hanna, supra. The Hannas characterized the inclusion of the Al-Aly email as a
false statement ... Group whereas other documents in the government's possession . . .spell Al-Aly's name correctly and are on letterhead.
Defendants conclude that Wallace intentionally misled the magistrate ...
13 Jul, 2007 7:16 am
... were precluded, this interlocutory appeal followed. The 9th (Fisher joined by Wallace and Wardlaw) first had to decide if this met the
requirement of 3731 that there be a substantial issue for the government. The 9th focused on the evidence, and decided that the government ... of a writ alleging IAC on failure to consult regarding an appeal. The 9th does rule that Roe v. Flores-Ortega, 528 US 470 (2000), which requires consultation by an attorney with client regarding appeal, does not establish a ...
2 Apr, 2008 10:44 am
... the description of your separate opinion pretty much follows from that. Nonetheless, there may be a decent reason for Judge Wallace to
label his opinion in this case "writing separately," since what he wants -- for the case to be taken en banc ... change one thing, Judge Schroeder. Page 3406, first sentence, second
full paragraph. The one that says: "The government's principle contention in this case is that Moran's discussion of the applicability of the
family unity waiver to cancellation is dictum ...
7 Feb, 2007 2:33 am
... organizing prong, and the court made the appropriate findings. The 9th also rejected the challenge to hearsay in sentencing. US v.
Lopez, No. 05-50616 (2-5-07). The 9th affirms a conviction (Gould joined ... may well have justified withholding of rent. The 9th held that the government failed to present evidence that this was a scheme to defraud the landlords; rather, the scheme was to hide the fraud from the tenants. In dissent,
Wallace argued that the highly deferential sufficiency standard was met ...
13 Dec, 2008 4:00 pm
... Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us COMMONWEALTH vs. FREMONT INVESTMENT & LOAN & another. [FN1]
SJC-10258 ... terms were permitted under the Federal and Massachusetts laws and regulatory standards governing mortgage lenders. Fremont also contends that the judge erred in
determining that the public interest would ... is no limit to human inventiveness in this field."Kattar v. Demoulas, supra at 13, quoting Levings v. Forbes &
Wallace, Inc., 8 Mass.App.Ct. 498 ...
31 May, 2007 2:21 am
... plea here was for greater than $10,000. Wallace concurred, stating though that a modified categorical approach should be used.
US v. Trimble, No. 06-30298 (5-30 ... should not rest on whether old or new forms used). Trying to save the convictions, the
government also tried to argue that the defendant was put "on notice" but notice cannot come afterwards ... that he had the right to counsel
and that the conviction may have implications. Pulido v. Chrones, No. 05-15916 (5-30-07). In a per curiam decision, ...
4 Dec, 2008 6:54 pm
... actually illegal-frequently because the attorney is himself ignorant of some aspects of the law governing shareholders' rights or because the attorney believes that the
majority can "sell" a legitimate pretext ... joint tortfeasor with the fiduciary and is liable as such." Kinzbach Tool Co. v. Corbett-Wallace Corp., 160 S.W.2d 509, 514 (Tex. 1942 ... participation in a breach of fiduciary duties, as this application would violate the privity rule"); Kastner
v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571 ...
14 Nov, 2008 4:30 pm
... the greatest technological advancement since indoor plumbing. Second, Chris Wallace and Karl Rove on Fox News, desperate to find a silver
lining in the public's wholesale rejection of Republican governance, loudly proclaimed throughout the night that the United ... government work effectively is at the heart, not the capillaries of the progressive agenda. This test doesn't distract; it focuses us on our task. No progressive majority can ever be consolidated for long if it doesn't demonstrate that ...
5 Dec, 2007 4:52 pm
... factual matters unaccompanied by record citations. fn. 2 It is the duty of counsel to refer us to the portion of the record supporting his
contentions on appeal. (9 Witkin, Cal. Procedure ... Analytical Framework The soundness of a statute of limitations defense depends on four variables: (1) What is the governing
limitations period? (2) On what date did the cause of action accrue, such that the limitations ... Okure (1989) 488 U.S. 235, 236; see Wallace
v. Kato (2007) ___ U.S. ___ [127 S.Ct. 1091, 1094 ...
30 Jan, 2008 6:30 am
... of their execution, because the question has not been placed squarely before us. In Jones v. Allen, 485 F.3d 635 (11th Cir. 2007),
we affirmed on ... . All constitutional claims brought under § 1983 are tort actions, subject to the statute of limitations governing personal injury actions in the state where
the § 1983 action has been brought. Wilson v. ... and present cause of action, that is, when the plaintiff can file suit and obtain relief." Wallace v. Kato, - U.S. -, 127 S. Ct. 1091, 1095 12 (2007) ...
13 Apr, 2008 9:18 pm
... that the Court could ferret out invidious classifications that masquerade as benign. The risk of legislative deception was also apparent in Wallace v. Jaffree, which involved an Establishment Clause challenge to Alabama's moment of silence statute. O' ... in McCreary County v. ACLU.
There she joined the majority in demanding more than the government's "transparent claim to secularity," and considered the historical
evolution of the display relevant to the question of legislative purpose under the ...
5 Dec, 2006 9:08 pm
... that the prohibition against governmental endorsement of religion "preclude[s] government from conveying or attempting to convey a message
that religion or a particular religious belief is favored or preferred." Wallace v. Jaffree, 472 U.S., at 70 . . . ... abounds, for if
the State does not involve itself in religion then it is hostile to religion. Hogwash. Let us be clear. The Establisment clause says NO LAW
respecting establishment of religion. Its meaning is unambiguous. No State involvement ...
27 Sep, 2007 4:08 am
... SUV he stopped based on information from an informant under Adams v. Williams. United States v. Moran, 2007 U.S. App. LEXIS 22726 (10th ... question to be raised on
appeal will likely fail. Inevitable discovery saved the search here: "The Government showed that the police would have discovered the cocaine
legally, without the police misconduct ... N.D. Ohio September 25, 2007).* Case was time barred under Wallace v. Kato. Issuance of legal
process ends the false imprisonment, and that was at the beginning ...
20 May 2:08 pm
... state's evidence of voter fraud. In St. John's United Church of Christ v. City of Chicago, 502 F.3d 616 (2007), Wood's majority opinion ... A 7-2 opinion, delivered by
Justice Scalia, affirmed Wood's opinion in Wallace v. Kato (2007), regarding the statute of limitations in Section 1983 cases. On the
other hand ... law principles -not the category of sexual harassment claim or whether the threat was carried out- governed an employer's vicarious liability under Title VII. In
Board of Regents of University ...
8 May, 2007 9:02 am
... you happen to be the recipient of an electronic version of an SG brief and were able to send it along to us, we would greatly appreciate
it. No. 05-10787, Murphy ... conflict with any other court. Nos. 05-1645, Wallace v. Calogero, and 06-11, Leclerc v. Webb. At
issue here is a subject that is likely near ... preempted (but nonetheless urged the Court to deny certiorari); since then, however, the government has argued in the Third Circuit that such claims are preempted. The Court asked for the views ...
24 Sep 5:09 am
... , Products Liability §11 (1997), which rejects duty to recall claims unless a government-mandated or voluntarily undertaken product recall
is negligently conducted. 2009 WL 2951299, ... courts and us) "we aren't the first court to do this" string citation is found in footnote 4 of
the Reese opinion. It cites: Wallace v. Dorsey Trailers ... s intermediate courts (sound familiar?) that purported to recognize a duty
to retrofit. See Hernandez v. Badger Construction Equipment Co., 34 Cal.Rptr.2d 732, 754 ( ...
28 Sep 1:31 am
... , Products Liability §11 (1997), which rejects duty to recall claims unless a government-mandated or voluntarily undertaken product recall
is negligently conducted. 2009 WL 2951299, ... courts and us) "we aren't the first court to do this" string citation is found in footnote 4 of
the Reese opinion. It cites: Wallace v. Dorsey Trailers ... s intermediate courts (sound familiar?) that purported to recognize a duty
to retrofit. See Hernandez v. Badger Construction Equipment Co., 34 Cal.Rptr.2d 732, 754 ( ...
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