Search for: "MARTINEZ v. STATE"
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4 Feb 2023, 1:02 pm
For example, the United States Court of Appeals for the Ninth Circuit in Martinez v. [read post]
22 Mar 2017, 1:36 pm
State v. [read post]
17 Mar 2023, 8:50 am
Martinez was part of the legal team that represented the petitioner in the landmark case Griggs v. [read post]
25 Aug 2017, 11:09 am
Martinez, 407 S.W.3d 669, 673 (Mo. [read post]
17 Dec 2013, 8:23 pm
For example, in United States v. [read post]
27 Dec 2021, 4:34 am
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]
7 Sep 2022, 6:30 am
In Martinez v. [read post]
13 Jan 2012, 8:06 am
Carlos Martinez Gutierrez arrived in the United States with his parents when he was five years old. [read post]
13 Sep 2012, 2:56 am
Co. of N.Y., 98 NY2d at 326; see Leon v Martinez, 84 NY2d at 88; Robertson v Wells, 95 AD3d 862, 863; Magnus v Sklover, 95 AD3d 837, 837). [read post]
26 Apr 2009, 6:25 am
Martinez, 2009 U.S. [read post]
13 Nov 2018, 8:35 am
The panel remanded these claims to the district court for further proceedings, including whether to excuse the procedural default under Martinez v. [read post]
7 Aug 2022, 8:25 am
On August 1, 2022, the California Court of Appeals opinion in Martinez v. [read post]
4 Dec 2008, 9:34 am
Moreover, while the Court of Appeals - the State's highest court - held in Hernandez v. [read post]
27 Feb 2013, 1:25 pm
” See Martinez v. [read post]
23 Nov 2008, 3:35 pm
Martinez. [read post]
29 Mar 2013, 2:00 pm
Bazarsky, The Future of PennsylvaniaProducts Liability as Applied by Federal and State Courts: Covell v. [read post]
7 Aug 2024, 4:42 am
“On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
14 Jun 2022, 7:16 am
Arteaga Martinez. [read post]
3 Feb 2009, 4:42 pm
A copy of the Kristin Booth Glen's opinion, published in the New York Law Journal, page 27, today, is available here and the front-page article is available here, and continued here.This ruling is consistent with a February 2008 New York appellate decision in Martinez v. [read post]
22 May 2024, 6:00 am
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]