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30 Jan 2009, 1:00 pm
O'Brien, United States Attorney; William J. [read post]
22 Jan 2009, 3:04 pm
" He also pointed out that although the Court of Appeals had ruled in 2006 in Hernandez v. [read post]
1 Dec 2008, 11:45 am
Tompkins‟ case comports with the United States and Florida Constitutions. [read post]
7 Oct 2008, 12:38 pm
First, by the Application of the Supremacy Clause of Article IV of the United States Constitution (U.S.C.A. [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]
2 Sep 2008, 5:17 pm
Hernandez, No. 07-1828 In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]