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21 Jun 2011, 12:40 pm by John Elwood
United States, 09-11328, and Smith v. [read post]
11 Jan 2007, 9:44 pm
"  Here is the abstract:This paper 1) notices that Booker uprooted the statutory basis for the departure concept, suggesting that courts are at liberty to deviate from precedent rooted in the pre-Booker concept; 2) explains why Rule 32(i)(1)(C) as read by Burns v United States requires notice prior to sua sponte non-Guidelines sentences in those jurisdictions that require a distinct legal determination if a non-Guidelines sentence is warranted; and 3) discusses… [read post]
2 Jul 2012, 12:36 am by John Diekman
The plaintiffs demonstrated that they did not have notice of the trial calendar call of the action through the uncontroverted affidavit of their attorney, which stated that counsel did not receive any notice for a court appearance. [read post]
4 Mar 2013, 9:17 am
Specifically, Safeco argues that (1) the court improperly advised Richard Gay, sua sponte, as to his privilege under the fifth amendment to the United States constitution against self-incrimination and (2) the court abused its discretion by denying Safeco's motion to compel inspection of the Gays' home. [read post]
8 May 2019, 4:10 am by Howard Friedman
New York's highest state court has dismissed sua sponte the appeal in In the Matter of Cunningham v. [read post]
16 Jul 2010, 3:34 am by Andrew Lavoott Bluestone
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
4 Aug 2023, 5:43 am by Woodruff Family Law Group
The appeals court agreed with Father, stating that the trial court erred in their sua sponte order for civil contempt. [read post]