Search for: "STATE v. HERNANDEZ"
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10 Oct 2008, 1:36 pm
Washburn student intern Krystle Dalke and I won in State v. [read post]
9 Oct 2008, 10:40 am
United States v. [read post]
7 Oct 2008, 12:38 pm
Second, the New York State Court of Appeals has held to enforce the preemption of Vehicle and Traffic Law § 388 by the Graves Amendment (see Graham v Duckley, supra; Johnson v Kling, 854 NYS2d 648 [2 Dept 20081, reversed on other grounds, 10 NY3d 887 [2008]; Hernandez v Sanchez, 836 NYS2d 577 [1 Dept 2007]; Kuryla w Halabi, 835 NYS2d 230 [2 Dept 2007]; Jones v Bill, 825 NYS2d 508 [2 Dept 20063, reversed on other grounds, 10 NY3d 550… [read post]
7 Oct 2008, 1:50 am
As had the 4th Department, the Beth R. court found that the New York Court of Appeals' decision in Hernandez v. [read post]
4 Oct 2008, 6:20 pm
Tauil-Hernandez, 88 F.3d 576, 581 (8th Cir. 1996); United States v. [read post]
29 Sep 2008, 8:00 pm
California Appellate Districts, September 25, 2008 Hernandez v. [read post]
25 Sep 2008, 11:05 am
" In the Shepard v Ward, 547 NYS2d 57, the Appellate said that suspicious behavior coupled with anonymous tips provided a basis for reasonable suspicion.In Board of Educ. of City School Dist. of City of New York v. [read post]
16 Sep 2008, 11:40 am
" United States v. [read post]
15 Sep 2008, 8:45 pm
I'm unclear as to whether the Court will entertain briefs of excess of 80 pages in capital cases under Hernandez v. [read post]
15 Sep 2008, 8:29 pm
Torres, No. 072331 Sentence of 188 to 235 months for possession of crack cocaine with intent to distribute is affirmed where: 1) the court did not abuse its discretion in counting both the state drug offense and the state gun offense as contributing to defendant's status as a career offender; 2) the district court was correct in finding the state gun conviction to be a "crime of violence" for career-offender purposes; and 3) district court was compelled to… [read post]
9 Sep 2008, 10:50 pm
====================IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIASECOND APPELLATE DISTRICTDIVISION TWOTHE PEOPLE -v- JAMES HERNANDEZ, B203151 (Los Angeles County, Super. [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]
9 Sep 2008, 2:14 pm
U.S. 8th Circuit Court of Appeals, September 05, 2008 US v. [read post]
7 Sep 2008, 5:43 pm
United States v. [read post]
2 Sep 2008, 9:34 pm
They relied heavily on a 2006 decision by the state's highest court, Hernandez v. [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]
1 Sep 2008, 2:22 pm
Grissom v. [read post]
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]
22 Aug 2008, 10:50 am
Hernandez-Orellana, No. 06-50584 (8-20-08). [read post]
21 Aug 2008, 2:56 pm
United States v. [read post]
