Search for: "Mathews v. United States" Results 1 - 20 of 136
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25 Aug 2014, 12:24 pm by Stephen Bilkis
In 1979, the United States Supreme Court in Addington v Texas held that constitutional due process required the government to prove two statutory preconditions by clear and convincing evidence before a court could commit an individual to a mental institution: (1) that the person sought to be committed is mentally ill; and (2) that such person requires hospitalization for his own welfare and protection of others. [read post]
14 Oct 2014, 5:24 pm by Stephen Bilkis
However, if the Kalin decision allows a lower court to use its discretion to accept a police officer's assertions of their training and experience and the other allegations contained in the complaint, without a description of the substance seized, and declare them to be legally sufficient in all cases, then Kalin, as well as Jahron S., is inconsistent with the court's obligation to protect the constitutional right to procedural due process discussed by the United States… [read post]
29 Aug 2014, 12:27 pm by Stephen Bilkis
The second Mathews factor requires the Criminal Court to examine the risk of erroneous deprivation of the interest at stake as a result of the State's procedures and the probable value, if any, of additional or substitute safeguards with respect to that interest. [read post]
12 Sep 2012, 8:08 am by fraudfighters
The two cases that initiated the investigation, United States and New York State ex rel. [read post]
7 Oct 2014, 5:19 pm by Stephen Bilkis
" In Hamdi v Rumsfeld, the United States Supreme Court acknowledged that there is a tension "between the autonomy that the Government asserts is necessary in order to pursue effectively a particular goal and the process that a citizen contends he is due before he is deprived of a constitutional right as held in Mathews v Eldridge. [read post]
5 Aug 2016, 8:00 am by Dan Ernst
FailingerDenying the Poor Access to Court: United States v. [read post]
16 Oct 2020, 8:00 am by ernst
Despite lots of its own inconsistency, the Supreme Court adopted this view in 1866 in United States v. [read post]
14 Aug 2007, 2:22 am
United States, 72 F.3d 447, 451 (5th Cir.1995); United States ex rel. [read post]
17 Sep 2009, 1:35 pm
Last month, the Eleventh Circuit Court of Appeals, which sits here in Atlanta, Georgia, and hears appeals from both civil and criminal federal cases, decided United States v. [read post]