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22 Mar 2011, 4:51 am
For example, while the United States Supreme Court in Welsh stated that “a warrantless home arrest cannot be upheld simply because evidence of the petitioner’s blood-alcohol level might have dissipated while the police obtained a warrant,” it was careful to repeatedly qualify this statement as applying only in light of the fact that Wisconsin had chosen to classify a first offense DWI as a non-criminal civil forfeiture offense for which no… [read post]
1 Oct 2008, 11:15 am
The court of appeals incorretly determined an important issue of state and federal law by deciding that the trial court did not abuse its discretion by excluding impeachment evidence of complainant's previous false allegations of sexual assault and such exclusion violated petitioner's rights under the Confrontation Clause of the United States Constitution. [read post]
22 Sep 2008, 11:14 am
Cockrell, 306 F.3d 257 (5th Cir.2002), the United States Fifth Circuit Court of Appeals, after noting that a split exists among the circuits on that issue, held that the "actual innocence" exception is available to petitioners in noncapital proceedings who claim they were erroneously sentenced as habitual or multiple offenders. [read post]
10 Jun 2021, 1:20 pm by Forrest G. Read IV
However, a petitioner that is designated as a nonprofit organization by the IRS acting in furtherance of the cultural and social interests of the United States may now request that the benefit it seeks be expedited without a fee, even if premium processing is available for that benefit. [read post]
19 Apr 2010, 7:58 am
Here are the briefs that have been filed: Brief for Petitioner Rent-A-Center, West, Inc. [read post]
6 Sep 2012, 7:56 am by Wells Bennett
  The petitioner in Hussain likewise says, among other things, that no evidence “is directed to or establishes” that the he took part in hostilities against the United States – and that the district court erred by basing his detention on the sole ground that he was “part of” the Taliban or Al-Qaeda. [read post]
5 Nov 2010, 2:05 am by John L. Welch
It offered no evidence of use of its mark prior to that date.Weatherford needed to prove that its owns "a mark or trade name previously used in the United States ... and not abandoned. [read post]
3 Sep 2010, 3:41 am
At the hearing in question, in addition to the witnesses for the developers and the petitioners, twenty-five community members spoke at the hearing. [read post]
6 Feb 2009, 4:09 pm
An interesting part of the ex writ is that while the military judge refused to allow LWOP as a punishment or waiver of NMCPB, the ex writ makes these observations:Furthermore, on information and belief, Petitioner believes the Convening Authority will accept a pretrial agreement that provides for a non-capital sentencing hearing, conditioned upon a presentencing determination that Petitioner's agreement to waive his right to request clemency or parole is legally permissible. .… [read post]
8 Nov 2022, 8:17 pm by Guest Author
  Notoriously, the openings that existed in the United States to bring extraterritorial cases on the basis of the Alien Tort Statute have been largely shut down by the United States Supreme Court in Jesner v Arab Bank PLC in 2018. [read post]
18 May 2018, 2:38 pm by Aurora Barnes
United States 17-5684 Issues: (1) Whether the petitioner’s mandatory guidelines sentence, which was enhanced under the residual clause of U.S.S.G. [read post]
29 Oct 2016, 8:44 am by The Law Office of Philip D. Cave
The federal government then sought to remove Esquivel-Quintana from the United States on the ground that his conviction constituted the “aggravated felony” of “sexual abuse of a minor. [read post]
26 Aug 2010, 12:37 pm by Immigration Lawyer Peter Messersmith
The new law requires additional filing fees of $2,000 for H1B visa petitioner and $2,250 for L1A and L1B petitions where the US petitioning company employs 50 or more employees in the United States and more than 50 percent of its employees in the United States are in H-1B or L visa status. [read post]
5 Dec 2007, 3:56 am
Justice Kennedy referred, in particular, to the provision of the DTA stating that, "to the extent the Constitution and laws of the United States are applicable," the court of appeals may determine "whether the use of [the CSRT's] standards and procedures to make the [detention] determination is consistent with the Constitution and laws of the United States. [read post]
1 Jun 2010, 6:00 pm by Erin Miller
United States (09-940): originally conference of 5.13.10 [read post]
14 Jun 2012, 7:52 am by Jonathan Kalmuss-Katz
  These conditions had been challenged as an unconstitutional delegation of authority under the New York and United States Constitutions. [read post]