Search for: "Hernandez v. The People of the State of California" Results 61 - 80 of 88
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1 Feb 2010, 3:04 am by Omar Ha-Redeye
Importantly, many people of color from the developing world find it much more difficult than persons of European ancestry from the western world to come to the United States. [read post]
11 Aug 2009, 8:25 am
Last week, the California Supreme Court decided a big workplace privacy case, 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]
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]
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]
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]
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]
9 Aug 2008, 1:50 am
: (Patenting Lives), Worldwide increase in patent filings puts strain on system: (Managing Intellectual Property), WIPO releases 2008 Worldwide Patent Report: (Peter Zura's 271 Patent Blog), (Patent Prospector), (IP Updates), Global patent filings continue rise but may level off; smaller nationals slipping: (Intellectual Property Watch), Means plus function: Don’t ignore the man behind the curtain: (Intellectual Property Directions), Technology start-up entrepreneurs and CEOs: If your… [read post]
4 Jun 2008, 2:20 pm
The conservative upstate court, whose judges were elected by voters in Western New York and four of whom were appointed to the Appellate Division by Governor George Pataki, concluded that the 2006 decision by New York's highest court, Hernandez v. [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]