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2 Sep 2020, 1:48 pm
United States 20-60Issues: Whether a public official can be convicted of bribery absent proof of an agreed exchange with the alleged bribe payor, based solely on his unexpressed, unilateral state of mind when receiving a benefit; (2) whether a conviction for Hobbs Act extortion can be based on a theory of simple bribery; and (3) whether, if the government elects not to argue harmless error, a court of appeals may raise harmless error sua sponte, without providing the defendant any… [read post]
31 Aug 2020, 9:35 am
Each of these four offenses prohibit a financial transaction, or attempted transaction, that involves money or property generated by a specified unlawful activity (SUA), which includes a wide range of criminal acts. [read post]
31 Aug 2020, 6:54 am
Plaintiffs offer no such reason, and we are not willing to create one sua sponte, especially where we are to defer to AFSCME's reasonable interpretations of its constitution. . . . cf. [read post]
18 Aug 2020, 8:26 pm
Apparently, the District Court’s call for immediate appeal was sua sponte. [read post]
18 Aug 2020, 2:58 pm
The Food Trucks affirmatively waived a vagueness challenge to the 300-foot rule, and the circuit court erred in sua sponte enjoining the City from enforcing the Rule as impermissibly vague. [read post]
18 Aug 2020, 9:08 am
According to the defendants, the trial court erred by failing to sua sponte consider whether the case presented new context under Ziglar. [read post]
15 Aug 2020, 4:29 am
August 1, 2020 An article titled “Is there a Domestic Relations Exception to Diversity Jurisdiction", by Judge George B. [read post]
13 Aug 2020, 6:27 am
Criminal procedure — Competency hearing — Sua sponte A jury sitting in the Circuit Court for Montgomery County convicted Geoffrey Scott of attempted voluntary manslaughter and acquitted him of attempted murder in the first and second degrees. [read post]
12 Aug 2020, 5:01 am
On July 20, the Ninth Circuit declined to rehear en banc Fazaga v. [read post]
11 Aug 2020, 2:54 pm
But the need to protect the trial participants from exposure to additional persons who may be contagious for COVID-19 and the need to limit the possibility of spreading COVID-19 from trial participants to the broader public necessitates a sua sponte order that the jury selection and trial in this case be closed to in-person spectators except for Defendant's family members. [read post]
21 Jul 2020, 5:21 pm
The court’s sua sponte dismissal of the policy-and-practice claim for lack of standing was even more bizarre. [read post]
20 Jul 2020, 7:39 pm
Although we could raise this or other patentability issues sua sponte in our Final Written Decision, the adversarial system is better served if we allow a Petitioner to raise such issues. [read post]
20 Jul 2020, 4:00 am
"As Congress has not abrogated New York's immunity against suit in this circumstance nor has New York waived its immunity from suit, the Circuit Court concluded that "the district court did not err in sua sponte dismissing [Plaintiff's] complaint as frivolous" as the NYSDOL is immune from suit brought in federal courts. [read post]
20 Jul 2020, 12:00 am
"As Congress has not abrogated New York's immunity against suit in this circumstance nor has New York waived its immunity from suit, the Circuit Court concluded that "the district court did not err in sua sponte dismissing [Plaintiff's] complaint as frivolous" as the NYSDOL is immune from suit brought in federal courts. [read post]
6 Jul 2020, 8:49 am
When the patentee appealed the TRO denial, the Federal Circuit acted sua sponte to deny appellate jurisdiction. [read post]
3 Jul 2020, 12:30 pm
And even if it were, the district court could have sua sponte asserted qualified immunity on the guard's behalf and dismissed on that ground. [read post]
3 Jul 2020, 7:57 am
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24 Jun 2020, 7:23 pm
Sparks, we held that a suspect who “abandons” his privacy or possessory interest in the object of a search or seizure suffers no “injury”—and thus has no standing—in the Article III sense, and, accordingly, that an argument asserting the suspect’s abandonment is jurisdictional, nonwaivable, and subject to sua sponte consideration. 806 F.3d 1323, 1341 n.15 (11th Cir. 2015). [read post]
[Eugene Volokh] When There's a Case Involving "Shamanatrix Missy Galore" and "Fluff the Goodness," …
22 Jun 2020, 9:42 am
In the ordinary course, however, a court should not dismiss a complaint sua sponte without affording the plaintiff a reasonable opportunity to respond to the concerns that would warrant dismissal. [read post]
22 Jun 2020, 6:59 am
One asks whether an appellate court can raise QI sua sponte and whether to overrule Pearson and another asks for clarification of the standard for how analogous precedent must be to clearly establish a right. [read post]
