Search for: "Petition of Smith"
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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]
10 Dec 2008, 2:42 pm
Had the State asked for review of the question on whether the search was supported by reasonable suspicion, the petition probably wouldn't have been granted. [read post]
9 Dec 2008, 11:30 am
Schering and Upsher Smith appealed the FTC decision to a favorable jurisdiction: the 11th Circuit Court of Appeals, which overturned the FTC decision and ruled in favor of Schering and Upsher Smith. [read post]
8 Dec 2008, 11:03 am
The State is required to establish the violation of the conditions of probation alleged in the petition by a preponderance of the evidence. [read post]
8 Dec 2008, 4:33 am
This means that the circuit courts should provide for the same protections in petitions for review that a district court would have offered in a habeas petition. [read post]
2 Dec 2008, 11:19 am
Smith, 539 U.S. 510, 521-22 (2003), the panel believed trial counsel's failure to investigate mitigation might not necessarily be deficient "so long as counsel's decision not to investigate is reasonable under the circumstance. [read post]
1 Dec 2008, 9:27 pm
U.S. 6th Circuit Court of Appeals, November 24, 2008 Smith v. [read post]
28 Nov 2008, 12:14 pm
: Peer International Corporation, Southern Music Publishing Co and Peermusic (UK) Ltd v Editoria Musical de Cuba (IP finance) Justice Kitchin upholds British Beer and Pub Association and British Hospitality Association appeal against decision of Copyright Tribunal on basis for calculation of fees which members have to pay for background music (IPKat) Contempt of court: the risks of false testimony in trade mark infringement proceedings: KJM Superbikes Ltd v Hinton (IPKat) (IPKat)… [read post]
25 Nov 2008, 4:17 pm
Unfortunately Lady Justice Smith expressed no view on the point, so the matter was decided neither way. [read post]
22 Nov 2008, 3:48 pm
State, 840 So. 2d 962 (Fla. 2002)................. iii Smith v. [read post]
21 Nov 2008, 3:36 pm
We are claiming on appeal that the special judge from Jay County erred when he dismissed Democratic Party candidate Mansfield's contest petition on timeliness grounds. [read post]
20 Nov 2008, 5:35 pm
See Justice Berzon's and Kozinski's spirited dissents to Ninth Circuit's Per Curiam refusal of the Petition for a full panel re-hearing here. [read post]
17 Nov 2008, 2:54 pm
Mulvaney, Nana Quay-Smith, Indianapolis, IN. [read post]
13 Nov 2008, 3:45 pm
Cathel, No. 06-4028 Dismissal as untimely of a petition for habeas relief is vacated where petitioner was entitled to equitable tolling of the limitations period for filing his petition after the district court sua sponte dismissed his original petition for failure to exhaust state-court remedies. [read post]
13 Nov 2008, 12:17 am
The Board accordingly dismissed the Union's representation petition. [read post]
10 Nov 2008, 10:24 pm
Laura Schubert has now filed a petition for writ of certiorari with the U.S. [read post]
10 Nov 2008, 9:33 pm
Lacey Rana Smith Issue: Whether police violated the Fourth Amendment by asking a car passenger to consent to a search unrelated to the initial reason for the traffic stop. [read post]
4 Nov 2008, 2:22 pm
Initially, the Supreme Court held in Smith v. [read post]
2 Nov 2008, 7:46 am
Smith, joined by C.J. [read post]
31 Oct 2008, 1:28 pm
In a 19-page petition for transfer, he wrote to the Supreme Court that more Hoosier communities undoubtedly would be prompted to enact similar ordinances. [read post]
