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19 May 2024, 4:01 am by Administrator
Licence Appeal Tribunal (“LAT”) in 2019, due to the matter being time-barred, Ms. [read post]
7 Mar 2024, 6:43 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 5, 2024. [read post]
28 Feb 2024, 2:53 pm by Patricia Hughes
However, this is not quite what Cromwell J. says in Strickland, although he does say he sees “no reason to doubt” that is the case (Strickland, para. 64). [read post]
12 Dec 2023, 12:55 pm by Joseph L. Hyde
Strickland, 321 N.C. 31, 39, 361 S.E.2d 882, 886–87 (1987) (prior assaults); Morgan, 315 N.C. at 635, 340 S.E.2d at 90 (same); but see State v. [read post]
15 Nov 2023, 1:28 pm by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
1 Nov 2023, 5:53 am by John Elwood
Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. [read post]
10 Oct 2023, 8:28 pm by Joseph L. Hyde
Strickland, 318 N.C. 653, 656, 351 S.E.2d 281, 283 (1987) (same); cf. [read post]
5 Oct 2023, 2:38 pm by John Elwood
But on further review, the Supreme Court unanimously held that the judgment in the FTCA case, under that act’s “judgment bar,” constitutes a complete bar to any action based on the same subject matter. [read post]
18 Sep 2023, 7:38 am by Alex Phipps
The Court of Appeals took up defendant’s current appeal and applied the two-prong analysis from Strickland v. [read post]
25 Aug 2023, 4:04 am by SHG
But this position flatly contradicts unambiguous directives issued by the Pennsylvania Supreme Court regarding the handling of death penalty matters on collateral review. [read post]
20 Apr 2023, 12:54 pm by John Elwood
Garnier, 22-324Issue: Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social-media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty. [read post]
15 Apr 2023, 4:47 pm by Richard Hunt
Sapp & Sturgill PLLC and Duncan Strickland continue to file lawsuits in the Western and Northern Districts for plaintiffs who, amazingly enough, always live within 30 miles of the business they sue, no matter where it is. [read post]
30 Mar 2023, 10:31 am by John Elwood
But in addition to that plain-vanilla administrative law question, the petition has a second question that is a potential blockbuster: Whether the court should overrule Chevron or at least clarify whether statutory silence about the matter of payment constitutes an ambiguity requiring deference to the agency. [read post]