Search for: "Hernandez v. The People of the State of California"
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29 Jun 2010, 9:00 pm
Hernandez (Brooklyn, NY)UMG Recordings v. [read post]
10 May 2021, 3:06 pm
PEOPLE'S TRUST INSURANCE COMPANY, Appellant, v. [read post]
19 May 2023, 8:53 am
Hernandez, 2022 Ariz. [read post]
3 Jun 2008, 2:28 pm
If the California court ruled, as expected, early in June, then New York state agencies might have to be ready to respond to same-sex couples married in California by early July. [read post]
30 Jan 2008, 7:35 am
However, denial of one petition is reversed where the state court's lack of notification and petitioner's prompt filing after receiving a response to his inquiry to the state court justified tolling. [read post]
12 Mar 2014, 4:39 pm
Massachusetts in 1944 to Jimmy Swaggart Ministries v. [read post]
9 Dec 2008, 7:16 pm
Some academic critics of Roe v. [read post]
12 Feb 2021, 3:00 am
With free legal aid from National Right to Work Legal Defense Foundation, Geary filed a federal complaint arguing the union infringed on her constitutionally protected rights under the foundation-won CWA v. [read post]
26 May 2009, 5:34 pm
State, supra, 744 A.2d 864, 886-889; Lewis v. [read post]
2 Oct 2019, 10:21 am
Ramos v. [read post]
30 Jan 2011, 5:45 pm
Review Granted Hernandez v. [read post]
17 Dec 2008, 7:16 pm
Guida, No. 05-6105 In death penalty habeas proceedings in a case in which petitioner effectuated a murder-for-hire against her husband, denial of habeas relief is affirmed where: 1) state courts reasonably applied Strickland by concluding that petitioner sabotaged her own defense, as counsel's performance is not deficient when counsel follows a client's instructions; 2) state courts reasonably applied Brady because even if certain letters were favorable evidence, and were… [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]
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]
7 Mar 2011, 1:39 pm
” The majority cited the Supreme Court’s 2003 opinion in Raytheon Co v Hernandez in support. [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]
8 Apr 2016, 10:11 am
Nunnemaker (which has been the subject of other relisted petitions in the past year), it should look to the last opinion in lower California state court, which was a decision based on procedural grounds, to decide that it could turn to the merits without affording the state courts deference. [read post]
22 Jan 2008, 11:47 am
U.S. 1st Circuit Court of Appeals, January 17, 2008 US v. [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]
1 Aug 2022, 4:58 am
“There should be a clear legal recognition of Russia as a state sponsor of terrorism,” Zelenskyy said. [read post]
