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6 Sep 2013, 10:21 am by Luke Rioux
United States, 405 U.S. 150 (1972), resulted in a decision by the state post-conviction court that was contrary to clearly established Supreme Court law, and that the state post-conviction court so misread the evidence documenting the state’s Brady violations that its decision was based on an unreasonable determination of the facts. [read post]
8 Mar 2016, 6:22 am by Anthony A. Fatemi, LLC
In order to determine whether a peremptory challenge is fair and legitimate, Maryland courts apply a three-step process established by the United States Supreme Court in the Batson v. [read post]
27 Jul 2023, 6:45 am by Eugene R. Fidell
IMAGE: The United States Capitol (via Getty Images) The post The House Closed a Key Loophole in Court-Martial Appeals; Will the Senate Follow? [read post]
29 Mar 2017, 6:00 am by Shea Denning
The last day of the seminar culminated in a visit to the United States Holocaust Museum, where the group was treated to a lecture by Dr. [read post]
15 Nov 2015, 4:36 am by SHG
United States has an issue that could do some serious harm to nice folks who meet the criminal justice system. [read post]
29 Sep 2017, 12:21 pm
Thus, to state a § 1983 claim, a plaintiff must allege two elements: (1) a deprivation of rights secured by the Constitution and laws of the United States, and (2) that `the deprivation was caused by a person acting under color of state law. [read post]
7 Apr 2011, 8:14 pm by Federico B. Serrano
The respondent in this case, a native and citizen of Sierra Leone, was admitted to the United States in April 2000 as a K-1 non-immigrant. [read post]
20 Apr 2011, 3:47 am by John L. Welch
There was no evidence that Petitioner was aware of Respondent's use in the United States or its application to register prior to January 9, 2007. [read post]
20 Feb 2013, 2:42 pm by Wells Bennett
The court has set a briefing schedule, and ordered the United States to respond to the petition by no later than next Monday, February 25. [read post]
8 Nov 2022, 9:01 pm by Vikram David Amar
And, Petitioners argue, this alleged Pinckney Plan vested power to regulate congressional elections in “States” rather than state “legislatures. [read post]
26 May 2021, 3:26 pm by Matthew L.M. Fletcher
Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)United States, Osage Minerals Council v. [read post]
7 May 2018, 12:05 pm by Dennis Crouch
Code § 1295(a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—(1) of an appeal from a final decision of a district court of the United States . . . in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents . . . ; There is a clear dispute here as to whether the counterclaim filed here was… [read post]
26 Apr 2017, 6:24 pm by Amy Howe
The 53-year-old came to the United States as a refugee in 2000, fleeing ethnic strife in the former Yugoslavia. [read post]
28 Mar 2022, 3:44 am by Peter Mahler
The case pits the sponsor, Katherine Chou, and her family members, all of whom also own units in the building, against a group of unrelated unit owners who sued primarily to enforce the offering plan and bylaws requiring the sponsor to relinquish control of the six-member board the earlier of five years after the first closing or after the closing of title of 75% of the units, and also prohibiting the sponsor from casting her votes to elect a board majority. [read post]
10 Sep 2014, 9:00 am by Maureen Johnston
United States, the Internal Revenue Service can tax as “local telephone service” under 26 U.S.C. [read post]