Search for: "United States v. Burden" Results 9101 - 9120 of 9,844
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28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously… [read post]
28 Aug 2008, 12:14 am
The United States Supreme Court has long held that "[e]very procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the  defendant, or which might lead him not to hold the balance nice, clear, and  true between the state and the accused denies the latter due process of law. [read post]
20 Aug 2008, 2:14 pm
United States, 213 F.3d 1366, 1369 (Fed. [read post]
9 Aug 2008, 11:08 pm
The majority held: RFRA's stated purpose is to "restore the compelling interest test as set forth in Sherbert v. [read post]
9 Aug 2008, 1:50 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: The end of William Patry’s blog: (Patry Copyright Blog), (Excess Copyright), (Patently-O), (Chicago IP Litigation Blog), (Michael Geist), (The Fire of Genius), (Techdirt), (Patry Copyright Blog), Kitchin J clarifies scope of biotech patents, in particular gene sequence patents: Eli Lilly & Co v Human Genome Sciences:… [read post]
7 Aug 2008, 9:28 pm
Writes Scotusblog: "The burden [Justice Tom] Price cited included the Supreme Court's ruling in 2006 in Sanchez-Llamas v. [read post]