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11 Dec 2009, 6:31 am
Bowden Issue: Whether the notice requirements of 21 U.S.C. 851(a) - providing that no defendant may be sentenced to an enhanced statutory penalty for a drug offense based on prior drug convictions unless the government files and serves an information "stating in writing the previous convictions to be relied upon" - are "jurisdictional," such that they must be noticed on appeal or collateral review regardless of whether the defendant preserved the claim in the… [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Jul 2012, 2:24 pm
” Federal procedural rules also apply pending a resolution of the district court's jurisdiction. [read post]
3 Dec 2021, 12:06 pm
Court of Appeals for the 5th and 8th Circuits hold). [read post]
3 Apr 2009, 1:05 am
The appellate court upheld the Texas federal district court ruling that granted summary judgment to Eli Lilly on the grounds that the plaintiff's doctor informed him of the risks of taking Zyprexa. [read post]
7 Feb 2010, 5:30 am
WINTHROP, Fla. 5th DCA District. [read post]
7 Feb 2010, 5:30 am
WINTHROP, Fla. 5th DCA District. [read post]
1 Feb 2020, 4:47 pm
As Florida’s Fifth District Court of Appeal explained in the case Heavener, Ogier Services, Inc. v. [read post]
17 Sep 2011, 4:07 am
Schaberg subsequently appealed from a memorandum decision and orders of the district court granting preliminary injunctions freezing Schaberg's assets. [read post]
2 Oct 2010, 11:20 am
Dowd’s litigation practice recently garnered national attention with a victory at the Second Circuit Court of Appeals. [read post]
2 Aug 2017, 7:08 am
Courts of Appeals for the 4th, 5th, 6th and 11th Circuits have each held that there is no right to privacy in cellphone data held by a carrier; the U.S. [read post]
27 Oct 2007, 9:21 am
Now try to organize your positions in a case in some sort of logical order in light of all the above, keeping in mind that you may need any given position on appeal, including positions you know are wrong if the court follows the law (keeping in mind that you're analyzing both what the district court should and will do and what the appellate court should and will do), and you see the problem. [read post]
2 Sep 2010, 1:29 pm
AFFIRMED For the full opinions visit the 7th Circuit Court of Appeals Web Site For more about Chicago Criminal Defense Attorney Michael J. [read post]
25 Feb 2014, 3:31 pm
This issue is addressed in In the Interest of W.R.B. and B.K.B., Children from the 5th District Court of Appeals in Dallas. [read post]
1 Jun 2018, 2:06 pm
Wiederhold, District Court of Appeal of Florida, Fifth District Opinion filed May 11, 2018), the Court rejected Domino’s argument. [read post]
5 Aug 2024, 9:14 pm
How would the Biden-Harris plan work in practice if the Democrats win the 2024 election this November 5th? [read post]
23 Mar 2010, 1:11 am
The justices will hear an appeal of the 5th Circuit's ruling in Connick v. [read post]
1 Oct 2011, 5:17 pm
Another court of appeals, and several district courts, have found to the contrary. [read post]
10 Aug 2023, 2:23 pm
Florida’s Third District Court of Appeal, in Digiport, Inc. v. [read post]
