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2 Jul 2007, 1:15 am
John explains that one of the jurors became ill with heart problems on the fourth or fifth day of trial; that Judge Bournias, sua sponte, excused the juror, and that he then gave the attorneys a lengthy explanation of the events which led to the dismissal of the juror. [read post]
29 Jun 2007, 5:09 pm
One wonders whether, whatever CAAF's resolution of the Apprendi issue, it will sua sponte remand Bolsins to NMCCA for a proper Sales analysis. [read post]
29 Jun 2007, 8:42 am
” (Click here for our prior post on this testimony).Nevertheless, given the high-profile nature of this case, the media has judged newsworthy a number of other developments, notably, the multiple unsuccessful mistrial motions made by defense counsel (including one apparently based on Judge Breyer’s demeanor), Judge Breyer’s sua sponte limiting of the scope of defense counsel’s cross examinations; and a brief remark uttered… [read post]
27 Jun 2007, 5:36 am
The district court sua sponte ordered the two class actions consolidated, holding that the requirements of FRCP Rule 42 were satisfied, id., but invited defense and plaintiff’s counsel to advise the court if they believed consolidation “would lead to inefficiency, inconvenience, or unfair prejudice to a party,” id., at 451. [read post]
22 Jun 2007, 6:03 pm
ACCA goes out of its way to raise an issue, not grant relief, sua sponte reconsider that issue, still not grant relief, but publish the resulting five page opinion. [read post]
21 Jun 2007, 9:28 pm
More Kerr-ect Ninth Circuit decision in in workplace computer search appeal survives sua sponte call for rehearing en banc: Yet eleven active judges -- ten Democratic appointees and Circuit Judge Alex Kozinski -- note their dissent from the denial of rehearing en banc. [read post]
16 Jun 2007, 3:51 am
Warden Kelleh Konteh appeals from the judgment of the district court granting petitioner Lawrence Walls a writ of habeas corpus based upon its conclusion that the sua sponte declaration of a mistrial by the judge in his state-court trial violated petitioner's right not to be placed twice in jeopardy. [read post]
6 Jun 2007, 10:34 am
For publication opinions today (6): In GPI at Danville Crossing v. [read post]
5 Jun 2007, 8:48 am
This case is even more interesting because the court, sua sponte, raised the issue of whether the court should reconsider the duty of care established in the court's 1983 Underwater Devices decision in light of its effect on attorney-client privilege.More thoughts on the upcoming argument after the jump. [read post]
4 Jun 2007, 3:39 pm
Judge Brownback's ruling -- which was sua sponte; Khadr's lawyer did not raise the issue -- is that the first criterion is not yet satisfied, i.e., that although a CSRT several years ago concluded that Khadr was an "enemy combatant," he has not yet been determined to be an unlawful enemy combatant. 3. [read post]
4 Jun 2007, 1:24 pm
If a case settles after the sua sponte grant of rehearing en banc, but before an en banc ruling has issued, should a federal appellate court agree to vacate the original three-judge panel's ruling? [read post]
31 May 2007, 9:52 pm
Sua sponte appellate determination of standing, based on defendant's testimony, when the issue was not litigated below, was inappropriate because of the lack of a full record. [read post]
31 May 2007, 9:12 am
She issued a sua sponte Order to Show Cause, directing William Smith (hereinafter "the Fry Guy") to explain why he shouldn't be suspended from practicing in her court. [read post]
25 May 2007, 4:15 am
Judge Shadur struck defendant's answer sua sponte, with leave to file an amended answer. [read post]
24 May 2007, 7:16 am
Twombly, the Court expressly (and sua sponte) rejected the half-century-old nostrum from Conley v. [read post]
23 May 2007, 2:33 pm
The petitioner claims that She claims that the BIA should have exercised its sua sponte authority to reopen her removal proceedings on the basis of a change in the law affecting her eligibility for relief. [read post]
19 May 2007, 7:40 am
It allowed the plaintiff until May 30, 2007, to properly effect service and, sua sponte, amended the complaint to reflect the correct name of the defendant. [read post]
16 May 2007, 12:58 pm
Justices Nares, Haller, and O'Rourke were scheduled to hear the matter, but the court vacated the oral argument, sua sponte, and will reschedule it in due course. [read post]
11 May 2007, 1:13 pm
Slip op. at 28-34.But the opinion is probably most remarkable for its sua sponte self-flagellation over its own pace in resolving the case (pun intended). [read post]
11 May 2007, 10:34 am
We rephrase Maria's argument to be whether the trial court erred by sua sponte terminating relief it had previously granted her, thereby denying her due process. [read post]