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14 Mar 2007, 3:28 am
Following an eight to seven decision of the CSA, which generated a multiplicity of opinions, the Court of Appeals granted certiorari sua sponte, posing the additional question of the propriety of participation by the specially assigned judges.In its analysis, the Court of Appeals traced the history of the CSA, examined the statutes creating the court and providing for in banc review, and examined the manner in which in banc review was handled by other courts. [read post]
13 Mar 2007, 7:49 pm
The Court of Appeals for the Federal Circuit, acting sua sponte, has requested an en banc hearing to determine the scope of opinion waivers. [read post]
13 Mar 2007, 3:29 pm
Moreover, the District Court can't raise that defense sua sponte (the District Court judge sure likes to see people in jail, it seems), but instead the District Court judge (Gleeson) has to figure out what the parameters of the constitutional right of access for DNA testing is first. [read post]
13 Mar 2007, 2:29 pm
Humphrey, 512 U.S. 477 (1994); and (3) that defendant waived any possible defense of claim preclusion, and that it would be inappropriate for this Court to raise the defense sua sponte. [read post]
12 Mar 2007, 4:48 pm
I would love to do a complete analysis of oral argument requests, grants, denials, and sua sponte orders on a service-by-service basis. [read post]
11 Mar 2007, 6:30 am
In re Comiskey: Comiskey was recently argued at the CAFC, and supplemental briefs filed on Section 101 issues that were raised sua sponte by the CAFC (Chief Judge Michel, Judges Dyk & Prost). [read post]
6 Mar 2007, 9:44 pm
The judge wants to first determine whether the newspapers have legal standing to argue that the petition to approve a wrongful death compromise should disclose "the compromise, its terms and the reason therefor" as required by the Virginia Code (seems to me that the judge can and should make the determination sua sponte whether the petition complies with the statute and need not make a determination of standing). [read post]
5 Mar 2007, 1:50 pm
P. 32(h) for sua sponte upward departures does or does not apply to Booker variances. [read post]
28 Feb 2007, 7:18 am
But, a discussion at C&F got me thinking, what about District Court judges that raise issues sua sponte, that frustrate the ambitions of the parties? [read post]
20 Feb 2007, 11:54 am
CAAF held that the defense counsel had affirmatively waived a mistake of fact instruction as to an assault consummated by a battery charge.In dissent, Judge Baker argues that the military judge has a sua sponte duty to instruct on those affirmative defenses that the government bears the burden to rebut if reasonably raised by the evidence.Only one case remains to be decided by CAAF version 07.1: United States v. [read post]
19 Feb 2007, 1:38 am
Overreaching -- by either party, including agreeing to pay or accept excessive attorneys fees -- may result in challenges to the settlement from absent class members or sua sponte scrutiny by the court. [read post]
12 Feb 2007, 12:42 pm
Remember that when the Fifth Circuit sua sponte released the Merrill Lynch bankers William Fuhs, Daniel Bayly and Robert Furst from prison pending appeal the bankers had already served one year and had been sentenced to 37- and 30-month sentences. [read post]
9 Feb 2007, 2:30 pm
Today, the same three-judge panel sua sponte grants panel rehearing in the case and issues an even lengthier ruling that reaches the same result while "address[ing] certain claims more fully. [read post]
6 Feb 2007, 2:55 am
Issue One: May the Court, sua sponte ¸ award visitation to grandparents? [read post]
6 Feb 2007, 2:33 am
Analysis: Regarding the wife's challenge of the lower court granting the grandparents additional visitation, the Court noted that the family court awarded the extra visitation sua sponte. [read post]
2 Feb 2007, 12:30 pm
To me, the most interesting part of it involves sustained objections (and what appears to be sua sponte objections) to questions regarding whether a cop had warrant or some kind of an order to search a truck, which apparently was not owned by the defendant. [read post]
31 Jan 2007, 1:00 am
The appellate court pointed to the statue that allows the BIA to re-open a case sua sponte at any time. [read post]
30 Jan 2007, 5:25 am
There was no such evidence, so she simply fabricated it sua sponte. [read post]
29 Jan 2007, 1:27 pm
On the subject of witness tampering, the court holds that although it is error not to give a requested curative instruction if testimony indicates that one defendant advised another (or a witness) to consider taking the Fifth, the just doesn't have to wake up and give a curative instruction sua sponte, and whatever the case, the result probably would not have been altered. [read post]
26 Jan 2007, 2:21 pm
Sua Sponte, the Federal Circuit dismissed plaintiff’s appeal on subject matter jurisdiction because the case had not been finally resolved. [read post]
