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8 Dec 2011, 1:20 pm
The amended rule provides a sixty-day period of time for the trial court to sua sponte modify a sentence or for the defendant to file a motion to modify a sentence. [read post]
23 Jun 2011, 5:11 pm
They: Help us chase laws Sit for Supreme Court opinions, and Rollover for recalls, Seek TROs for tummy rubs, and Sleep sua sponte. [read post]
13 Nov 2015, 6:37 am
“If a judge is presented with the question of whether to appoint counsel for an indigent litigant, either because the litigant raises it or the judge sua sponte considers it, he or she can check the appropriate subject area section,” said Pollock. [read post]
21 Dec 2014, 11:45 am
According to the Court of Appeals, in many cases where the court denies the motion to vacate, judges frequently neglect to rule on the motion to confirm the award (or in absence of a motion, fails to sua sponte confirm the award). [read post]
13 Jan 2009, 9:03 am
Subject matter eligibility had been raised sua sponte by the panel. [read post]
20 Feb 2007, 11:54 am
CAAF held that the defense counsel had affirmatively waived a mistake of fact instruction as to an assault consummated by a battery charge.In dissent, Judge Baker argues that the military judge has a sua sponte duty to instruct on those affirmative defenses that the government bears the burden to rebut if reasonably raised by the evidence.Only one case remains to be decided by CAAF version 07.1: United States v. [read post]
24 Jul 2009, 6:32 am
I'm impressed.On Monday afternoon, Justice Perluss published this opinion, which involved the application of res ipsa loquitor to a common carrier (in particular, an accident between a car and an MTA bus).On Tuesday morning, I wrote this, in which I noted that while I thought the opinion might be correct as a precedential matter, there were still some doctrinal things about it that bugged me.On Thursday, the Court of Appeal sua sponte amended its opinion, responding to at least one of… [read post]
20 Oct 2011, 5:00 am
In that case, the panel sua sponte ordered further briefing on Dukes back in June. [read post]
23 Jun 2011, 5:11 pm
They: Help us chase laws Sit for Supreme Court opinions, and Rollover for recalls, Seek TROs for tummy rubs, and Sleep sua sponte. [read post]
27 Jun 2016, 2:30 pm
It involved a Notice of Motion, Order to Show Cause, Petition and Cross Motion where the court was called upon to determine (1) whether the attorney for the defendant’s application to be relieved as attorney of record should be granted; (2) if the defendant’s applications brought pro se while still represented by counsel were properly before the court; (3) whether or not the defendant was entitled to a 30 day stay of all proceedings in the event counsel was relieved pursuant to CPLR… [read post]
2 Sep 2010, 7:04 am
TweetAt the 11th Circuit’s sua sponte request, the U.S. [read post]
6 Jul 2011, 9:16 am
Below is a screen shot of the 11th Circuit home page:UPDATE: The 11th actually issued a revised opinion today with this language starting it off (the link in the initial post above and on the 11th home page is to the old June opinion):We sua sponte modify our previous opinion in this appeal to reflect recent developments in the law of the First and Seventh Circuits. [read post]
2 May 2011, 6:42 am
Jamar D ("The sole issue in this certified appeal is whether the Appellate Court, sua sponte, properly dismissed for lack of a final judgment the interlocutory appeal of the defendant, Jamar D., from an order of the trial court transferring the defendant’s case from the youthful offender docket of the Superior Court (youthful offender docket) to the regular criminal docket of the Superior Court (regular criminal docket) pursuant to General Statutes § 54-76c (b) (1). [read post]
10 Oct 2007, 4:07 am
*Judge Shadur sua sponte ordered plaintiff Dicam to dismiss all parties but defendant United States Cellular (“U.S. [read post]
26 Jun 2008, 11:23 am
§ 841(a)(1), (b)(1)(D).HELD:(1) District court's failure to instruct jury on lesser included offense is not constitutional error.(2) District court did not err by not instructing jury sua sponte that simple possession of marijuana was a lesser included offense of distribution. [read post]
25 Oct 2007, 12:38 pm
The en banc Court sua sponte hereby STAYS the execution of the Plaintiff-Appellant pending further en banc consideration of this case.I think this means that Alabama cannot yet go forward with the defendant's execution, but I think it also means that a fuller ruling will be coming soon from the full Eleventh Circuit. [read post]
12 Mar 2008, 11:24 am
Since that was the same day as the Court of Appeal's sua sponte revision.That's a different kind of "race to the courthouse. [read post]
17 May 2012, 12:31 pm
Sua Ins. [read post]
10 Jan 2008, 9:03 am
Court of Appeals for the 8th Circuit sua sponte found the district judge should have imposed a higher sentence. [read post]
27 Feb 2014, 7:30 pm
O Carnaval no Brasil é celebrado de ponta à ponta do país e em cada região assume um formato ligeiramente ou, muitas vezes, bastante diferente, sem nunca perder as suas características principais: a música, a dança, a alegria e a descontração. [read post]