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8 Oct 2012, 7:46 am by Stevie Phillips
By Stevie PhillipsIn a unanimous Tennessee Supreme Court opinion handed down on September 26, Chief Justice Wade outlines the historical development of state and federal sentencing guidelines.In short, he observes that the 2005 amendments to Tennessee's 1989 Sentencing Act were passed for the purpose of bringing our sentencing scheme in line with United States Supreme Court sentencing decisions, namely Apprendi and its progeny. [read post]
25 Mar 2014, 7:03 am by Docket Navigator
The sole case [defendant] cites to support a heightened pleading standard for systems claims is Centillion Data Systems, LLC v. [read post]
17 Apr 2018, 8:26 am by Adam Steinman
The Court splits 6-3 over the proper standard for assessing unexplained state court decisions in the context of federal habeas proceedings. [read post]
11 Aug 2016, 7:21 am by Brian Toth
” But—as seen by this decision—the word “issue” is still quite frequently used.Regarding motions to dismiss, the Supreme Court of the United States nearly a decade ago famously wrote that that the “no set of facts” standard described in Conley v. [read post]
27 Mar 2013, 11:30 am by The Federalist Society
On March 19, 2013, the Supreme Court announced its decision in Standard Fire Insurance Co. v. [read post]
27 Mar 2013, 11:30 am by The Federalist Society
On March 19, 2013, the Supreme Court announced its decision in Standard Fire Insurance Co. v. [read post]