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13 Jul 2021, 8:58 am by Jonathan Holbrook
See also G.S. 15A-1021(c) (parties may present proposed plea with sentencing recommendation to judge; judge may indicate whether he or she would concur with disposition). [read post]
21 Jun 2021, 8:55 am by Arthur F. Coon
”  (In the unpublished portion of its opinion, which won’t be analyzed in further detail in this post, the Court held the County did not impermissibly defer mitigation, and it declined to consider two other arguments because they added nothing to the fair argument analysis and/or constituted new theories or arguments raised for the first time on appeal.) [read post]
3 May 2021, 9:58 am by Arthur F. Coon
  (In the lengthy, unpublished portion of its opinion, the Court of Appeal went on to hold that appellant SSE failed to exhaust its administrative remedies on numerous issues, including its challenges to: the EIR’s use of a 5-year average/2009 actual production baseline; alleged insufficient mitigation for oak removal/loss of carbon sequestration impacts; alleged deficient water use baseline and mitigation; and water quality impact analysis. [read post]
8 Apr 2021, 11:42 am by Jonathan Holbrook
App. 2020) (unpublished), the appellate court remanded this matter because the revocation judgments failed to identify which of the four new offenses were the basis for the revocation, and also failed to make a finding that good cause existed to revoke the defendant’s probation after the probationary period ha [read post]
24 Mar 2021, 7:27 am by Curt Cutting
  When the prisoner challenged that bifurcation order on appeal, the Ninth Circuit affirmed in an unpublished memorandum disposition, finding that the district court did not abuse its discretion in ordering because such financial evidence could have been confusing to the jury when the plaintiff had not yet established entitlement to punitive damages. [read post]
18 Mar 2021, 7:46 am by Alexander A. Reinert
Schwartz’s pathbreaking study of district courts suggests that qualified immunity is rarely dispositive in Section 1983 litigation brought for alleged Fourth Amendment violations. [read post]
15 Mar 2021, 3:14 pm
  It looks to me like the majority opinion was designed to be an unpublished memorandum disposition, and is per curiam -- but that Judge Van Dyke insisted that it (and his dissent) be published. [read post]
3 Mar 2021, 9:23 am by Arthur F. Coon
., most important – cases is a big enough task without worrying about the even greater number of non-precedential unpublished ones. [read post]
23 Feb 2021, 6:15 am by Dale Burmeister
Home-Owners Insurance Company v Liberty Mutual Insurance Company and Central Mutual Insurance Company, Michigan Court of Appeals, unpublished per curiam decision of the Michigan Court of Appeals Docket No. 345627 (2019), 2019 WL 6799719. [read post]
23 Feb 2021, 6:14 am by Dale Burmeister
Home-Owners Insurance Company v AMCO Insurance Company, unpublished per curiam decision of the Michigan Court of Appeals Docket No. 347089 (2020), 2020 WL 3475974. [read post]
12 Feb 2021, 11:29 am by Lindsay C. Demaree
The decision reverses unpublished Eleventh Circuit authority and deepens a circuit split with the First, Third, and Fourth Circuits on the issue. [read post]
8 Dec 2020, 7:59 am by Dan Bressler
Ten years ago, inquiring counsel was on a panel which issued a dispositive order confirming the validity and scope of an easement. [read post]
29 Nov 2020, 8:08 pm by Arthur F. Coon
The Court of Appeal’s most recent 34-page opinion (19 pages of which are unpublished) affirms the trial court’s 2019 judgment issuing a writ of mandate following the post-Supreme Court decision remands from the Supreme Court and Court of Appeal, respectively. [read post]
18 Nov 2020, 9:17 am
 in FY 2019, the median time interval from filing of a notice of appeal to final disposition was 10.8 months, down from 11.7 months in FY 2018 and 13 months in FY 2017. [read post]
21 Oct 2020, 2:24 pm by Dale Burmeister
11 Sep 2020, 11:18 am
  Tell us what you really think.Judge Wardlaw authored an unpublished memorandum disposition. [read post]
21 Aug 2020, 3:24 pm
This published 9th Cir. opinion here has an interesting bit about the use of unpublished memorandum dispositions:although memorandum dispositions can be cited, and may prove useful, as examples of the applications of settled legal principles when a district court or litigant is interested in demonstrating how a given principle operates in practice, a nonprecedential disposition is not appropriately used—as it was here—as the pivotal basis for a legal ruling by… [read post]
12 Aug 2020, 7:13 am by Ian Mance
Another question is whether a habeas petitioner, duly convicted and serving a prison sentence, may be entitled to release on bail pending the disposition of his or her claim. [read post]
11 Aug 2020, 10:00 am by Jonathan Holbrook
Thus, a judicial dictum should receive dispositive weight in a lower court. [read post]