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16 May 2019, 7:55 am
One of the most basic features of bankruptcy law is that the filing of a bankruptcy petition operates as an automatic stay of most actions against the debtor and against the property of the debtor’s estate. [read post]
3 Apr 2015, 2:06 pm
The Bankruptcy Code excludes from discharge an income tax debt for a tax year: with respect to which a return, or equivalent report or notice, if required— (i) was not filed or given; or (ii) was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition . . . 11 U.S.C. [read post]
17 Dec 2008, 7:16 pm
Quarterman, No. 05-20350 Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition. [read post]
20 Jun 2018, 5:00 pm
A petition is over 37 times more likely to be granted after the court requests the solicitor general’s views, and the odds obviously favor a petition when the SG recommends review. [read post]
Negligent hiring and negligent entrustment claims require proof that entrusted person committed tort
5 Nov 2018, 6:41 am
Claims for negligent hiring or retention and negligent entrustment require proof that the employee or entrusted person committed an underlying tort. [read post]
25 Oct 2018, 6:00 am
For the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).The Second Creation: Fixing the American Constitution in the Founding Era is a marvelous study of the earliest debates over constitutional language, meaning, and interpretation. [read post]
5 Jul 2024, 3:00 am
Thomas argued both that the special counsel’s office needs to be established by Congress and Smith needed to be confirmed by the Senate. [read post]
11 Jan 2011, 8:50 am
Courtesy of Law Offices of Dena Alo-Colbeck “Writing and Research for Washington Attorneys” The following criminal cases of note were decided this week: Washington State Law Washington State Supreme Court: Personal Restraint of Gentry: Death row prisoner Jonathan Lee Gentry brought a challenge to his conditions of confinement as implemented by the Washington State Department of Corrections in 2009, claiming he has been effectively placed in indefinite solitary confinement in violation… [read post]
19 Jan 2008, 11:58 am
Timmerman-Cooper Southern District of Ohio at ColumbusJULIA SMITH GIBBONS, Circuit Judge. [read post]
6 Jul 2011, 8:50 am
LEXIS 13264 (6th Cir 6/29/2011) Permission to file a successive habeas petition denied. [read post]
13 Mar 2011, 8:36 am
In 2009, a petition was filed before the Supreme Court by Ms. [read post]
15 Mar 2007, 5:00 am
These staff may consider the adequacy of any remainingcriminal supervision in determining whether to refer a case for civilcommitment proceedings.If a case is referred to the Attorney General's Office (OAG), thatoffice may file a petition, and will have the burden of proving to ajury, by clear and convincing evidence, that the offender suffers froma mental abnormality. [read post]
5 Jun 2023, 3:46 pm
Letter from Joseph Belton to the Continental Congress (July 10, 1777), in 1 Papers of the Continental Congress, Compiled 1774–1789, Petitions Addressed to Congress 139 (1957). [read post]
1 Jun 2023, 11:53 am
Letter from Joseph Belton to the Continental Congress (July 10, 1777), in 1 Papers of the Continental Congress, Compiled 1774–1789, Petitions Addressed to Congress 139 (1957). [read post]
1 Jul 2019, 11:27 am
A qualified bankruptcy attorney can then work you through the process and file your petition for you. [read post]
15 Jan 2008, 1:50 pm
US, No. 06-3734, 06-4424 Dismissal of habeas petition is affirmed as a petitioner in immigration custody or under an order of removal as a consequence of his criminal conviction is not "in custody" within the meaning of 28 U.S.C. section 2254. .. [read post]
2 Apr 2020, 8:10 am
This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals in March, 2020. [read post]
6 Apr 2009, 12:31 am
If he were alive today, would Scotsman Adam Smith be able to explain the origins of the current world financial crisis? [read post]
7 Feb 2020, 11:30 am
Smith that the free exercise clause generally requires no religious exemptions from laws that are neutral and generally applicable. [read post]
26 Sep 2011, 3:46 am
Today, an open letter from 158 lawyers and academics has been published in The Guardian claiming that the law on squatting, on which the Government has proposed reforms, has been misrepresented by politicians and the media. [read post]
