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10 May 2007, 3:00 am
App. 2007) Issue and Holding: Whether the district court erred in entering, sua sponte, an order for a mutual domestic violence order. [read post]
4 May 2007, 12:18 pm
Bybee, that panel sua sponte asked the parties to brief the question whether the case should be reheard en banc. [read post]
30 Apr 2007, 2:04 pm
In a April 26, 2007, Order, the Third Circuit vacated its February 28, 2007, precedential opinion in United States v. [read post]
27 Apr 2007, 10:44 am
"Court of appeals will not take sua sponte judicial notice of facts that: (a) password protection is standard feature of most operating systems; (b) most users activate standard password-protection feature; and (c) these are matters of such common knowledge that reasonable officer would make further inquiry. (2) Under totality of circumstances, facts known to agents at time of computer search began created objectively reasonable perception that defendant's father was at least one… [read post]
26 Apr 2007, 4:42 am
Dicupua, the Court of Appeals reversed the trial court's sua sponte grant of a new trial. [read post]
24 Apr 2007, 9:17 pm
In the law student blog "Droit Femme," a transfer student author expressly recommends other transfer students also prepare for this very question in her OCI oriented advice.[13] The "Sua Sponte" blog, written by a student who transferred from UC-Hastings (#36) to the University of Chicago (#6), makes the same suggestion. [14] The blog offers specific advice for the answer an interviewee might proffer: "‘This is a much… [read post]
24 Apr 2007, 12:26 pm
On the notice of removal filed by the husband's health insurer and the District Court's sua sponte order to show cause why this New Jersey divorce action should not be remanded for lack of jurisdiction, the District Court held that it lacked jurisdiction over the case and that the matter had to be remanded to the New Jersey family court. [read post]
18 Apr 2007, 2:43 pm
After trial, conviction and sentence before the Circuit Court, Defendant appealed to the Court of Special Appeals, but the Court of Appeals issued a writ of certiorari sua sponte before the Court of Special Appeals ruled on the appeal.Reviewing the text of the first degree assault statute, Code CL 3-202, the "sufficient" form of pleading provided in Code, CL 3-206, the developed common law of Maryland and of some other states and Great Britain and the text of and precedents under… [read post]
17 Apr 2007, 8:14 am
If you're aware of the circumstances under which a State AG can delay implementing a law, sua sponte, then please advise and I'll post it. [read post]
12 Apr 2007, 4:08 pm
And the story of Panetti took on an added dimension when the Supreme Court, sua sponte, called for briefing on the question of whether the defendant's habeas petition was "successive" within the meaning of 28 U.S.C. [read post]
11 Apr 2007, 6:00 am
Degas, the Court of Appeal (Second Appellate District, Division Eight) issued an order, sua sponte, "depublishing" an opinion that it had ordered published on March 23, 2007. [read post]
9 Apr 2007, 4:45 pm
Or that, perhaps, the agreement of the justices at conference allowed a unanimous opinion, and in the form circulated prior to oral argument, but only if it was unpublished.The alternative just seems silly -- that, upon receipt of nothing, the justices concluded, sua sponte, "Hey, you remember that opinion we circulated last week. [read post]
3 Apr 2007, 11:47 pm
§ 364(a), and "the specific provisions relating to the later submission of drawings currently present in 37 CFR 1.437(a) and (b) are hereby waived, sua sponte, pursuant to 37 CFR 1.183 in favor of the more applicant friendly provisions of amended PCT Rule 20. [read post]
31 Mar 2007, 6:40 pm
Accordingly, the district court concluded that the habeas exception to § 1983 barred Thomas's complaint, which the district court dismissed sua sponte. [read post]
26 Mar 2007, 12:29 am
Jan. 09, 2007):We begin by sua sponte addressing one procedural hurdle. [read post]
21 Mar 2007, 9:42 am
Because the sua sponte findings entered by the trial court are insufficient and hinder an effective appellate review, we remand to the trial court. [read post]
20 Mar 2007, 8:07 am
At the close of the Bell's case, after the jury had been excused from the room and after Flores' counsel announced his intention to make a motion, the court, sua sponte, raised the issue of whether the Bells had proven Flores was driving the vehicle that hit the Bells. [read post]
17 Mar 2007, 3:10 pm
The circuit court sua sponte dismissed the appeal, ruling that the appeal was not timely perfected. [read post]
15 Mar 2007, 6:16 am
Due to the fiduciary duties owed to class members, the district court sua sponte raised the issue of whether Milberg Weiss should continue to serve in a “leadership role,” id., at 365-66. [read post]
15 Mar 2007, 2:13 am
In the absence of a request from an unrepresented petitioner, the district court is not required to consider, sua sponte, the option of staying and abeying a habeas petition that is "mixed" with both exhausted and unexhausted claims. [read post]
