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28 Jan 2008, 7:38 am
Separately, the Court may sever defendants sua sponte, pursuant to Rule 21, although dismissal of the action is not authorized. [read post]
19 Jan 2008, 11:23 am
Despite Polanco's apparent eligibility for the maximum authorized reduction, it would not be appropriate for the Court to reduce a defendant's term of imprisonment sua sponte without giving the Government an opportunity to address the issue. [read post]
19 Jan 2008, 9:48 am
Despite Polanco's apparent eligibility for the maximum authorized reduction, it would not be appropriate for the Court to reduce a defendant's term of imprisonment sua sponte without giving the Government an opportunity to address the issue. [read post]
19 Jan 2008, 5:11 am
And if the BIA denies that motion, to appeal it.This case suggests that the weakest type of motion is to ask the BIA to reopen a case sua sponte, which means of the BIA's own accord. [read post]
18 Jan 2008, 4:30 am
However, the court decided sua sponte to review subject matter jurisdiction again. [read post]
17 Jan 2008, 12:52 pm
But while a party can't do that, if it does, and the judge is thereby persuaded to grant the relief requested therein 'sua sponte' (albeit obviously prompted by the improper motion), that's okay. [read post]
15 Jan 2008, 1:36 pm
US, No. 06-1164 The special statute of limitations governing the Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite the government's waiver of the issue. [read post]
15 Jan 2008, 2:07 am
CV195-412CCAction: Violations of Missouri antitrust lawFiled: April 10, 1995June 28, 1995 JUDGE: The court, having endured unprecedented professional carping, back biting and pettifoggery between some of the lawyers in this case and having decided that no one should endure behavior that disgraces the legal profession, the parents of the lawyers who act so rudely, and themselves does decide to rule on the pleadings alone sua sponte. [read post]
14 Jan 2008, 10:48 pm
The Government initially asserted that the claims were untimely under the court of claims statute of limitations, but later effectively conceded that issue and won on the merits.Although the Government did not raise timeliness on appeal, the Federal Circuit addressed the issue sua sponte, finding the action untimely where the claim first arose in 1994 and the lawsuit had been filed more than six years later. [read post]
14 Jan 2008, 10:04 am
The decision is here: SPANKEDAs near as we can figure, Judge Eig set a bond, then wanted to modify the bond at a later hearing sua sponte (Latin for "the judge is acting crazy again. [read post]
12 Jan 2008, 12:04 pm
The Court was asked to decide whether or not a court of appeals can consider an argument sua sponte. [read post]
10 Jan 2008, 9:03 am
Court of Appeals for the 8th Circuit sua sponte found the district judge should have imposed a higher sentence. [read post]
8 Jan 2008, 9:00 pm
On the losing party's appeal to the Federal Circuit, an amicus/friend of the court mentioned the matter to the Federal Circuit, and the Federal Circuit decided it had the responsibility to address the issue sua sponte/without request of the parties, and decided in favor of the federal government. [read post]
8 Jan 2008, 9:00 pm
On the losing party's appeal to the Federal Circuit, an amicus/friend of the court mentioned the matter to the Federal Circuit, and the Federal Circuit decided it had the responsibility to address the issue sua sponte/without request of the parties, and decided in favor of the federal government. [read post]
8 Jan 2008, 2:18 pm
A helpful reader alerted me to the fact that, late last year, the Second Circuit decided (apparently sua sponte) to consider en banc the case of US v. [read post]
7 Jan 2008, 2:21 pm
AL&P has a post about my post, and their title is Virginia sua sponte converts criminal procedure nerdery to jurisdictional oppression. [read post]
4 Jan 2008, 3:05 pm
United States: Whether a federal circuit court may sua sponte increase a defendant's sentence in the absence of a cross-appeal by the government. [read post]
4 Jan 2008, 12:37 pm
” In fact, not only did the appellant brief the wrong standard, but so did the commonwealth, and the court only raised the issue sua sponte after argument! [read post]
3 Jan 2008, 11:37 am
Also, the sua sponte aspect is troubling - after multiple layers of briefing, argument, and decision, the appeal gets whacked on some new issue without a word of oral or written argument. [read post]
3 Jan 2008, 8:35 am
According to the dissent, the majority came up with this 5A:12 issue "for the first time sua sponte following argument on rehearing en banc. [read post]
