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12 May 2021, 7:00 pm
Court of Appeals for the Fourth Circuit at this link. [read post]
2 Jul 2007, 8:27 am
§ § 1326(a)(1), (a)(2) and (b)(2).HELD: Where defendant does not object on procedural grounds that district court's method of determining his sentence is unreasonable, defendant forfeits right to appeal on that ground and review is only for plain error.Read the opinion here. [read post]
9 Sep 2016, 12:28 pm
Woods does not provide additional clarity on this topic. [read post]
2 Jan 2023, 3:03 pm
Cir. 1990): The granting of the appeal is also discretionary with the court of appeals which may refuse to entertain such an appeal in much the same manner that the Supreme Court today refuses to entertain applications for writs of certiorari. [read post]
30 Sep 2020, 8:38 am
The post How Does a Legal Settlement Impact SSI Benefits? [read post]
31 Oct 2017, 12:05 am
The answer on novelty, according to Arnold J., is that the doctrine of equivalence does not apply. [read post]
23 Aug 2013, 10:08 am
This rule does not apply to an intersections -- to intersections which have a four-way stop. [read post]
19 Jul 2022, 6:33 am
The appeals court rejected Baker’s reversal of his concession citing a prior ruling that a party cannot concede an issue in the district court and later, on appeal, attempt to repudiate that concession and resurrect the issue.The only dispute on appeal was whether Baker satisfied his burden of showing the first requirement, that he engaged in a protected activity or conduct. [read post]
13 Apr 2010, 8:52 am
Supreme Court: No Two-Year Limit In Death Penalty Appeals," is the title of the Law Week Colorad report written by Matt Masich.Colorado law does not impose a strict two-year limit on death penalty appeals, the Colorado Supreme Court ruled Monday.Counsel for Sir Mario Owens, who was convicted of two counts of murder in 2008 and sentenced to death, challenged the statutory scheme for reviewing death penalty cases. [read post]
1 Mar 2010, 9:00 am
Today’s Supreme Court opinion in Doe v. [read post]
26 Aug 2011, 6:42 am
The evidence does not require exact staging; a range of stages is permissible. [read post]
26 Apr 2012, 12:33 pm
The Court of Special Appeals recently stated “In a claim for monetary damages at law … an alleged breach of fiduciary duty may give rise to a cause of action, but it does not, standing alone, constitute a cause of action. [read post]
26 Apr 2012, 12:33 pm
The Court of Special Appeals recently stated “In a claim for monetary damages at law … an alleged breach of fiduciary duty may give rise to a cause of action, but it does not, standing alone, constitute a cause of action. [read post]
31 Mar 2010, 1:03 pm
The district attorney appealed the case to the Massachusetts Appeals Court. [read post]
31 May 2012, 6:00 am
But what does “reasonable” mean? [read post]
15 Aug 2023, 12:19 pm
” Applicant, ZeroSix, LLC, appealed. [read post]
15 Aug 2023, 12:19 pm
” Applicant, ZeroSix, LLC, appealed. [read post]
6 Jul 2022, 8:53 pm
The post US appeals court reverses injunction against Biden immigration policy appeared first on JURIST - News. [read post]
8 Oct 2013, 2:34 pm
Mendoza (82 NY2d 415 [1993]) held that a defendant does not have to sign an affidavit in support of a suppression motion, some local judges still believe they must. [read post]
4 Apr 2017, 4:00 am
The Commissioner of Education does not have jurisdiction to remove trustees or employees of public libraryDecisions of the Commissioner of Education, Decision #17060In this appeal the applicant asked the Commissioner of Education to remove "the Library Director and the Board of Trustees" of a public library pursuant to Education Law §306. [read post]
