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3 Jun 2011, 8:30 am
Sua sponte, or on his own initiative, Judge Cacheris has now given himself the chance to reverse his usurpation of Supreme Court authority and avoid that disaster. [read post]
3 Jun 2011, 5:52 am
Thus, the Court concluded that sua sponte dismissal was appropriate "under these limited circumstances. [read post]
2 Jun 2011, 4:30 am
After T-Mobile removed these actions to federal court, the District Court, sua sponte,consolidated these ten actions for pretrial proceedings. [read post]
1 Jun 2011, 4:17 am
Significantly, the N-MCCA considered (sua sponte) the issue of whether the military judge committed error by precluding evidence that should have been admitted under M.R.E 608. [read post]
31 May 2011, 2:14 pm
Felton, 521 U.S. 203 (1997), and if these decisions should alter Judge Cacheris' extension of Citizens United from May 26, 2011 as discussed here.Professor Hasen has the breaking coverage at the Election Law Blog of this additional briefing order, and a copy of the order here.Procedural items of note:Judge Cacheris issued this Order sua sponte (without either party requesting it). [read post]
26 May 2011, 10:54 am
It was one of our biggest issues in the blog’s first couple of years – whether a defendant’s removal of a case before service on: ( 1) the forum defendant where an out-of-state defendant is sued in its own state’s court, or (2) anybody (including the removing defendant), would result in the unserved forum defendant not counting for removal/remand purposes. [read post]
26 May 2011, 7:16 am
Martin 2011 NY Slip Opinion 03885 The issue presented for our determination is whether defendant's right to a public trial was violated when the trial judge sua sponte closed the court room, specifically ejecting defendant's father during voir dire without considering any alternative accommodations. [read post]
25 May 2011, 9:00 am
The state countered that the stipulation was a mixed issue of law and fact and therefore fair game for sua sponte review. [read post]
24 May 2011, 6:24 pm
“(D) If the requirements under subparagraph (A) have been met, a Federal judge before whom a civil action with respect to prison conditions is pending who believes that a prison release order should be considered may sua sponte request the convening of a three-judge court to determine whether a prisoner release order should be entered. [read post]
24 May 2011, 10:46 am
IDSE IMSS ya tiene su cuenta twitter (Para que te quejes…) SUA del IMSS y sus errores más frecuentes -Soluciones- [read post]
24 May 2011, 9:07 am
Consolidation The Court sua sponte raised consolidating these cases during the status conference. [read post]
24 May 2011, 3:53 am
The court says that the failure to delineate that the penalties were for each count was compounded by the ambiguity of the judge’s advisement, but, especially given that this error was raised by the court sua sponte, it seems the better practice in the 8th for a judge to make sure that the penalties are clearly delineated so as to remove any concerns about ambiguity. [read post]
23 May 2011, 7:18 pm
Ironically, of all the motions, claims, and arguments they have made, the most significant victory came not from their own doing; but from Judge Perry, who sua sponte advised the State he was not going to allow the jury to smell “canisters of death. [read post]
23 May 2011, 1:28 pm
Matter of Corrigan v Orosco 2011 NY Slip Op 04048 Decided on May 10, 2011 Appellate Division, Second Department In a custody proceeding, the family court, sua sponte, ordered a child protective investigation of the subject children to be performed by the Department of Social Services. [read post]
23 May 2011, 9:59 am
State ("Following oral argument before this court, we issued an order sua sponte allowing the parties to submit simultaneous supplemental briefs addressing the following question: 'Does the issue of whether a demand for relief in a complaint is inadequate because it fails to specify the amount sought and the ad damnum is not on a separate page present a question of jurisdiction, such that it is properly raised and decided by means of a motion to dismiss? [read post]
21 May 2011, 9:00 pm
Then, lo and behold, yesterday my leafletting co-conspirator Lou Manuta, sua sponte, emailed me the leaflet. [read post]
20 May 2011, 11:07 am
City of New York, 2011 NY Slip Op 01071 (Feb. 17, 2011), the court sua sponte dismissed the appeal because "no substantial constitutional question is directly involved. [read post]
18 May 2011, 10:14 am
Under the circumstances, the sua sponte order of dismissal was premature. [read post]
18 May 2011, 10:14 am
Under the circumstances, the sua sponte order of dismissal was premature. [read post]
17 May 2011, 10:05 pm
Pratt applied for a writ of certiorari, presenting two questions:(1) when asserting a defense of native Hawaiian practices, should the court balance the defendant’s interests in the practices against the interest of the state to regulate, and if so, what are the mechanics of that balancing test; and (2) did the ICA err in sua sponte reexamining the concession made at the trial court? [read post]
