Search for: "In re INITIATIVE PETITION NO. 4."
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17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [read post]
3 Nov 2008, 7:03 pm
Jackson, No. 07-2421 Sentence for being a felon in possession of a firearm is affirmed over objections regarding: 1) failure to adhere to established policy in imposing an above-guidelines sentence; 2) the assessment of defendant's criminal history; 3) the weight given to unpaid traffic fines; and 4) failure to fully consider defendant's youth and borderline intellectual functioning. [read post]
28 Oct 2008, 5:00 am
Q 4 & 5 would alter the initiative-petition process by having the county clerk approve petitions instead of the commission. [read post]
27 Oct 2008, 3:49 pm
Mukasey, No. 05-75850 In an immigration case challenging removal based on statutory rape convictions, petition for review is granted where: 1) federally defined "sexual abuse of a minor" within the meaning of 8 U.S.C. section 1101(a)(43) requires a knowing sexual act with someone between 12 and 16 years old and at least 4 years younger than the perpetrator; 2) the California statutes under which petitioner was convicted set the age of consent at 18 and minimum age… [read post]
14 Oct 2008, 3:20 pm
Worjloh, No. 063129 Conviction for conspiring to distribute cocaine base and possessing with intent to distribute is affirmed and sentence is vacated and remanded where: 1) federal prosecutors did not seek to offer any evidence obtained by state officials in violation of the Sixth Amendment; 2) district court did not abuse discretion in denying a suppression hearing to enable the court to conclude that contested issues of fact existed as to whether defendant's initiation of… [read post]
2 Oct 2008, 1:52 pm
Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1) the bankruptcy trustee failed to record the bankruptcy petition with the county recorder; and 2) a bona fide purchaser thereafter bought and recorded title in the property. [read post]
2 Oct 2008, 1:52 pm
Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1) the bankruptcy trustee failed to record the bankruptcy petition with the county recorder; and 2) a bona fide purchaser thereafter bought and recorded title in the property. [read post]
14 Sep 2008, 10:08 am
[Created through initiative petition filed July 6, 1983, and adopted by the people Nov. 6, 1984]Section 41. [read post]
12 Sep 2008, 9:23 pm
In addition, the Board reversed the judge's dismissal of the allegation that employee Hewitt's initial 3-day suspension violated Section 8(a)(3) and (1) and adopts the judge's finding (but applied a different rationale) that the Respondent violated Section 8(a)(3) and (1) in suspending Hewitt for an additional 27 days for his comments at the Aug. 4, 2005 grievance meeting. [read post]
3 Sep 2008, 8:57 am
V(1)(I)(4). [read post]
2 Sep 2008, 5:17 pm
Whitley, No. 06-0131 In a criminal law matter, petition for review of decision denying rehearing is denied where the court declined to depart from the literal wording of the "except" clause of 18 U.S.C. section 924(c)(1)(A). . [read post]
28 Aug 2008, 2:15 pm
Beard , No. 06-9002, 06-9003 In a capital-murder case, denial of petition for habeas relief as to defendant's conviction, and grant of relief as to his death sentence, are affirmed where: 1) defendant's Batson claim had been fully considered and properly rejected by state courts; 2) prosecutor's Bruton violations, in which he identified defendant as the party named in a co-defendant's confession, were harmless error; 3) jury instructions were proper; but 4)… [read post]
16 Aug 2008, 2:43 am
– discussion of Washington Post article on Ismed’s efforts to promote follow-on biologics approval pathway: (Patent Baristas), (Patent Docs), US: Congressional fact-finding on follow-on biologics: (Patent Docs), US: David v Monsanto: Biotechnology patent ‘exhaustion’ after Quanta, Supreme Court petition: (Hal Wegner), US: Ulysses Pharmaceuticals announces issuance of patent for novel class of ant [read post]
6 Aug 2008, 5:12 pm
In re Whitehall Jewelers Holdings, Inc., 2008 WL 2951974 (Bankr. [read post]
4 Aug 2008, 7:06 pm
Section 2255(a) habeas corpus petition; 2) a 2255 petition is unauthorized by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and 3)according to US v. [read post]
1 Aug 2008, 6:39 pm
Womersley - See 4/10/08 NFP COA re an interlocutory appeal here (6th NFP decision), concerns Womersley's claim for compensation and reimbursement "for the time that [she] spent attending to [her mother's] needs. [read post]
31 Jul 2008, 4:54 pm
The fax sent to the Indiana Department of Workforce Development was sufficient to timely initiate an appeal. [read post]
22 Jul 2008, 3:06 pm
Louisiana has filed a request for a re-hearing in Kennedy v. [read post]
20 Jul 2008, 11:28 pm
Ass’n, 812 F.2d at 4–5. ... [read post]
19 Jul 2008, 12:19 pm
At 4-5 (Fla. [read post]
