Search for: "In re Kelly (1983)" Results 41 - 51 of 51
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14 May 2009, 4:22 pm
State and local government agencies have public trust duties - Kelly v. 1250 Oceanside Partners, 111 Haw. 205, 140 P.3d 985 (2006). [read post]
21 Apr 2009, 12:01 pm
Kelly, No. 08-3 In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where: 1) Petitioner's second trial was not a violation of the Double Jeopardy Clause because the state charged a different gradation offense under Virginia Law in the second indictment; and 2) Petitioner's counsel was not ineffective due to counsel's failure to present certain mitigation evidence, as Petitioner showed no prejudice. [read post]
27 May 2008, 10:06 am
essarily establish a symbiotic relationship for purposes of a section 1983 claim; and 6) for purposes of attorney's fees, the issue of the symbiotic relationship was an unresolved point of law. [read post]
27 May 2008, 9:50 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the death or acted… [read post]
20 Apr 2008, 6:45 am
Kelly    Eastern District of Michigan at Detroit 08a0200n.062008/04/16 Gant v. [read post]
30 Jan 2008, 7:35 am
Kelly, No. 01-2736 "Denial of petitions for writs of habeas corpus are affirmed where although English language deficiency can warrant tolling of the AEDPA limitations period, petitioners have failed to allege circumstances establishing the due diligence required to warrant tolling. [read post]
4 Sep 2007, 2:47 am
Wilder, No. 06-60711 In a to 42 U.S.C. section 1983 suit against the Mississippi Department of Wildlife, Fisheries, and Parks and two of its employees, dismissal of claims against one defendant is affirmed where defendant was entitled to qualified immunity because his actions, in the form of pressuring and assisting plaintiff in committing a charged crime, even to the extent that they constituted entrapment under state law, did not by themselves constitute a violation of a constitutional… [read post]