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27 Jun 2008, 11:43 am
Indeed, my colleagues sua sponte raise the issue concerning the absence of the complaint and the answer, when a simple dismissal is not only the clear and obvious resolution but is also mandated by the facts and law. [read post]
26 Jun 2008, 7:14 pm
It is unusual, some experts say unheard of, for a trial judge sua sponte to overturn another trial judge in another case. [read post]
26 Jun 2008, 11:23 am
§ 841(a)(1), (b)(1)(D).HELD:(1) District court's failure to instruct jury on lesser included offense is not constitutional error.(2) District court did not err by not instructing jury sua sponte that simple possession of marijuana was a lesser included offense of distribution. [read post]
25 Jun 2008, 6:45 pm
On appeal from that ruling, the Ninth Circuit sua sponte remanded the case in light of State Farm, a case that further clarified and restricted punitive damage awards under the Due Process Clause. [read post]
24 Jun 2008, 7:29 pm
§ 2106 authorized the Eighth Circuit's sua sponte increase of Greenlaw's sentence: nothing in either the Rule or the statute overrides the cross-appeal requirement. [read post]
24 Jun 2008, 11:12 am
The Court held that, absent a government appeal or cross-appeal, a court of appeals does not have the power to sua sponte raise a defendant’s sentence, even if it is to correct a plain error. [read post]
24 Jun 2008, 8:22 am
Can a trial court dismiss a proceeding sua sponte based on res judicata? [read post]
20 Jun 2008, 3:08 pm
Accordingly, the Court denied the joint motion, but then (and here's the funny part) sua sponte limited the claim terms to ten (citing the recently amended ND Cal. [read post]
17 Jun 2008, 4:32 pm
But then, sua sponte (a nice Latin phrase meaning, in essence, "on my own"), the Court decided to stay its own judgment on the appropriate relief. [read post]
16 Jun 2008, 6:33 pm
As a matter of statutory construction, Section 2972, subdivision (d) does not impose a duty on the court to evaluate suitability for outpatient treatment sua sponte. [read post]
16 Jun 2008, 2:37 pm
The editors at Conde Nast Portfolio were kind enough to invite me to contribute a rebuttal, which is now online, to William Lerach's egregious apologia pro crookery sua. [read post]
16 Jun 2008, 4:00 am
Two days later, on June 13, 2008 -- apparently sua sponte, although he said he would entertain any motions by the parties to remove him from the case (Judge Kozinski apparently was a good pick for the defense, for his reportedly strong stance on many First Amendment rights) -- Judge Kozinski issued an order stating: "In light of the public controversy surrounding my involvement in this case, I have concluded that there is a… [read post]
15 Jun 2008, 7:08 am
Hood's trial, the ABA's Model Code has required a judge to recuse herself sua sponte whenever her impartiality "might reasonably be questioned. [read post]
10 Jun 2008, 5:47 pm
This issue is first raised by the Court, sua spone, at p. 10. [read post]
10 Jun 2008, 2:36 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
9 Jun 2008, 1:18 pm
In a short sua sponte merits decision, the New York Court of Appeals in Roberts v. [read post]
9 Jun 2008, 8:48 am
While it flagrantly violates CPLR 3014's mandate that pleadings "shall consist of plain and concise statements," dismissing the complaint sua sponte with leave to replead would ultimately work a disservice to defendants, whose counsel have laboriously sifted through the verbiage to dissect and analyze the multitude of arguments and theories, many of which are internally inconsistent and mutually contradictory. [read post]
6 Jun 2008, 10:00 am
KG, Opposition No. 91174518 (May 28, 2008) [precedential].Opposer B&L filed for summary judgment on the ground of likelihood of confusion, but the Board sua sponte chose to rule on the contract issue.The agreement provided that Applicant may use nine particular marks: (1) KARL STORZ GERMANY; (2) STORZ-GERMANY; (3) KARL STORZ; (4) KARL STORZ USA; (5) KARL STORZ ENDOSCOPY-AMERICA; (6) KARL STORZ ENDOSCOPY; (7) STORZ ENDOSKOP; (8) KARL STORZ ENDOSKOP; and(9) KS STORZ. [read post]
4 Jun 2008, 5:58 pm
The Court of Appeals sua sponte recharacterized three of these as issues of ineffective assistance of counsel and denied relief, but reversed two of the three convictions on other grounds. [read post]
27 May 2008, 9:50 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
