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14 Apr 2008, 2:46 am
Sua sponte dismissals require adherence to a specific procedure. [read post]
13 Apr 2008, 7:29 pm
United States (07-330), involving appellate judges' ability to increase sentences sua sponte, and Irizarry v. [read post]
13 Apr 2008, 12:04 pm
"Wecht jurors tell newspaper FBI visited them after mistrialWaiting for Wecht retrial still can be funProsecution's conduct in Wecht case labeled 'troubling'This is also the same case where the judge sua sponte tried to empanel an anonymous jury (he was overruled by the 3rd Circuit).I contrast these 2 cases to show why contacting jurors may at times be necessary to ensure the rights of the defendant. [read post]
12 Apr 2008, 9:01 pm
United States (07-330), involving appellate judges’ ability to increase sentences sua sponte, and Irizarry v. [read post]
8 Apr 2008, 9:47 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
8 Apr 2008, 6:45 am
Although this was not my primary intention, it had the nice side effect of letting people know long before FRC that I would be on the market, and causing a number of them to sua sponte reach out to offer to recommend me to their chair. [read post]
1 Apr 2008, 4:03 pm
The United States Supreme Court today issued a shocking sua sponte decision that has left the class action world scratching its collective head and searching for a backup plan. [read post]
1 Apr 2008, 2:06 pm
It appears to be substantially the same as the original.Update: On April 17, 2008, the Court vacated its opinion and judgment sua sponte, explaining that an amended opinion will be filed forthwith.In United States v. [read post]
1 Apr 2008, 1:55 am
The Court stated that a district court should respond to such an incident sua sponte if need be, or upon request, permit the defendant to make the necessary objection outside the hearing of the jury. [read post]
1 Apr 2008, 1:55 am
The Court stated that a district court should respond to such an incident sua sponte if need be, or upon request, permit the defendant to make the necessary objection outside the hearing of the jury. [read post]
31 Mar 2008, 9:26 am
If the government properly objects to the untimeliness of a defendant's appeal, however, then the "mandatory and inflexible" rule must be honored and the appeal will be dismissed, even though the court has not been deprived of subject matter jurisdiction.The decision leaves open whether a court can, in its discretion, sua sponte, dismiss an untimely appeal. [read post]
26 Mar 2008, 1:22 pm
Procedurally, even those most in the know about the Court’s procedure are somewhat unclear about the formal process for adding such a question sua sponte. [read post]
25 Mar 2008, 1:09 pm
Brewer, No. 06-4836 Sentence for distribution of more than five grams of cocaine base is affirmed where: 1) the court is unable to review the district court's decision to deny a downward departure since the sentencing court understood its authority, but declined to exercise it on the facts of the case; 2) the district court did not focus exclusively on defendant's prior criminal activity in imposing his sentence; and 3) it is unnecessary to remand defendant's sentence to the district… [read post]
25 Mar 2008, 11:51 am
Last month, the Court of Appeals for the Federal Circuit decided (sua sponte) to reconsider its landmark State Street decision on patentable subject mater , and ordered an en banc hearing for an appeal in the case of In re Bilski. [read post]
12 Mar 2008, 6:15 pm
In a strongly worded dissent, Justice Cotter raised several points including the fact that Lee had moved for summary judgment at the trial court level and that the court, in addition to denying his motion, sua sponte granted Great Divide summary judgment on coverage issues which, she believed, deprived Lee of his ability to properly raise issues of fact precluding summary judgment. [read post]
12 Mar 2008, 11:24 am
Since that was the same day as the Court of Appeal's sua sponte revision.That's a different kind of "race to the courthouse. [read post]
11 Mar 2008, 7:09 pm
On a second issue, the Court of Appeal says that the court doesn't have a sua sponte duty to instruct on lack of flight by the defendant. [read post]
10 Mar 2008, 2:44 pm
Six days later, the district court sua sponte entered an order remanding the case to state court, concluding that the notice of removal's allegation that the value of the matter in controversy exceeded the sum of $75,000 was "inadequate to establish" the jurisdictional amount, because it failed to "allege facts adequate to establish" the amount. [read post]
7 Mar 2008, 9:24 pm
The second concerns what appears to be the strident arguments of BBWCDF that the Court lacked jurisdiction to review and correct the firm's conduct, that the Court did not have the right to raise the issue sua sponte, and that the Court did not have the right to award sanctions or hold BBWCDF in contempt. [read post]
7 Mar 2008, 4:02 pm
All for a loosely-worded opinion that, I believe, anyway, wasn't intended to stand for the extreme proposition claimed for it by its opponents.My strong, strong sense is that Justice Croskey's chambers (and the rest of the panel) is as we speak working on a sua sponte amendment to the opinion to make its more limited message clearer. [read post]
