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Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: These two consolidated cases involve the Fair Sentencing Act of 2010 (FSA) which became law on August 3, 2010. The FSA increased the amount of crack cocaine necessary to trigger the statutory minimum sentence from 5 to 28 grams for a 5-year sentence and from 50 to 280 grams for a 10-year sentence. Police caught E... | Excuse me. Is a fair implication enough? You're talking here about a repealer, essentially, of an earlier provision, section 109. And our cases uniformly say that it -- it has to be clear implication, unquestionable implication. Do you think this is really clear and unquestionable? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: These two consolidated cases involve the Fair Sentencing Act of 2010 (FSA) which became law on August 3, 2010. The FSA increased the amount of crack cocaine necessary to trigger the statutory minimum sentence from 5 to 28 grams for a 5-year sentence and from 50 to 280 grams for a 10-year sentence. Police caught E... | Of course, the statute itself says "express", right? Talking about section 109. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: These two consolidated cases involve the Fair Sentencing Act of 2010 (FSA) which became law on August 3, 2010. The FSA increased the amount of crack cocaine necessary to trigger the statutory minimum sentence from 5 to 28 grams for a 5-year sentence and from 50 to 280 grams for a 10-year sentence. Police caught E... | So we're pretty far removed from the language of the statute, I guess. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: These two consolidated cases involve the Fair Sentencing Act of 2010 (FSA) which became law on August 3, 2010. The FSA increased the amount of crack cocaine necessary to trigger the statutory minimum sentence from 5 to 28 grams for a 5-year sentence and from 50 to 280 grams for a 10-year sentence. Police caught E... | Oh, and I understand that. But presumably -- we also have the proposition that Congress, when it enacts legislation, knows the law. They would have known section 109 required an express statement if they wanted to apply the change retroactively. So why shouldn't we hold them to that standard? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) whi... | I take it you concede that a breakout as opposed to a failure to report would be covered by the statute? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) whi... | But suppose it were shown -- this is hypothetical. Suppose it were shown that 90 percent of all escapes under the escape statute were breakouts involving weapons; 10 percent were failure to report. Would that affect how we decide the case? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) whi... | Yes. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) whi... | Do we look to the crime to see generally whether or not it involves violence and serious risk of harm? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Lereed Shelton represented himself in an Alabama Circuit Court criminal trial. The court warned Shelton about the difficulties that self-representation entailed, but at no time offered him assistance of counsel at state expense. Ultimately, Shelton was convicted of misdemeanor assault and sentenced to a 30-day ja... | do you concede that the State can never impose the original sentence of time in jail? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Lereed Shelton represented himself in an Alabama Circuit Court criminal trial. The court warned Shelton about the difficulties that self-representation entailed, but at no time offered him assistance of counsel at state expense. Ultimately, Shelton was convicted of misdemeanor assault and sentenced to a 30-day ja... | I'm asking whether the State of Alabama concedes that it can't ever impose that original sentence. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Lereed Shelton represented himself in an Alabama Circuit Court criminal trial. The court warned Shelton about the difficulties that self-representation entailed, but at no time offered him assistance of counsel at state expense. Ultimately, Shelton was convicted of misdemeanor assault and sentenced to a 30-day ja... | what happens in Alabama if if a a criminal defendant is convicted of a misdemeanor and placed on probation and then violates probation? Does that enable the State to impose the original sentence for violation of the probation? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Lereed Shelton represented himself in an Alabama Circuit Court criminal trial. The court warned Shelton about the difficulties that self-representation entailed, but at no time offered him assistance of counsel at state expense. Ultimately, Shelton was convicted of misdemeanor assault and sentenced to a 30-day ja... | Well, then we're jumping probably ahead into wh- what you're going to tell us, but while we're at this point, |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1986, during the Reagan administration's anti-drug initiative, Congress enacted a federal sentencing policy of punishing crimes involving crack cocaine at a 100-to-1 ratio compared to crimes involving powder cocaine. For example, the sentencing guidelines prescribe the same sentence for a defendant convicted o... | Could the Congress have mandated the result and the rationale that the Fourth Circuit used here? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1986, during the Reagan administration's anti-drug initiative, Congress enacted a federal sentencing policy of punishing crimes involving crack cocaine at a 100-to-1 ratio compared to crimes involving powder cocaine. For example, the sentencing guidelines prescribe the same sentence for a defendant convicted o... | If Congress made a finding that crack and cocaine are equally dangerous and passed a statute that said, for sentencing purposes, every district judge shall treat cases involving these two substances exactly the same, would there be a Sixth Amendment problem with that? Or do you think every district judge gets the right... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1986, during the Reagan administration's anti-drug initiative, Congress enacted a federal sentencing policy of punishing crimes involving crack cocaine at a 100-to-1 ratio compared to crimes involving powder cocaine. For example, the sentencing guidelines prescribe the same sentence for a defendant convicted o... | What's your answer simply to the very simple argument that because the floor was set on the assumption of a 100 to 1 ratio, set by Congress, that any other sentencing assumption, regardless of the particular justifications in a given case, is simply incoherent with the statutory scheme and for that reason should be reg... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1986, during the Reagan administration's anti-drug initiative, Congress enacted a federal sentencing policy of punishing crimes involving crack cocaine at a 100-to-1 ratio compared to crimes involving powder cocaine. For example, the sentencing guidelines prescribe the same sentence for a defendant convicted o... | It is the coherence problem that is bothering us. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act ("ACCA"), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 ye... | You don't take issue, do you, with the argument that in determining what the State law is you can take account not only of the words of the statute, but how the State Supreme Court interprets those words? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act ("ACCA"), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 ye... | Well, the California Supreme Court has said that an element of the burglary statute is the violation of some possessory interest. Now, I know there is some disagreement between you and the government about that. But assuming for the sake of argument that that is an element, one way for the California court to express t... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act ("ACCA"), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 ye... | Those are exactly equivalent. Now, if they were to say the latter, would a conviction under this statute potentially qualify under the Armed Career Criminal Act? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act ("ACCA"), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 ye... | No, but they -- they set out alternative elements, either breaking into the structure or the violation of the possessory interest in some other way. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On July 23, 2007, Xavier Alvarez, a member of the Three Valleys Water District Board of Directors, attended a joint meeting with the Walnut Valley Water District Board of Directors at the Board's headquarters. Mr. Alvarez was invited to speak about his background, and he stated, "I'm a retired marine of 25 years.... | General, may I pose a hypothetical? During the Vietnam War, a protester holds up a sign that says, "I won a Purple Heart -- for killing babies. " Knowing statement. He didn't win the Purple Heart. As a reader, I can't be sure whether he did and is a combat veteran who opposes the war, or whether he's a citizen protesti... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On July 23, 2007, Xavier Alvarez, a member of the Three Valleys Water District Board of Directors, attended a joint meeting with the Walnut Valley Water District Board of Directors at the Board's headquarters. Mr. Alvarez was invited to speak about his background, and he stated, "I'm a retired marine of 25 years.... | Somewhat dangerous, isn't it, to subject speech to the absolute rule of no protection? Which is what you're advocating, I understand, that there are no circumstances in which this speech has value. I believe that's your bottom line. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On July 23, 2007, Xavier Alvarez, a member of the Three Valleys Water District Board of Directors, attended a joint meeting with the Walnut Valley Water District Board of Directors at the Board's headquarters. Mr. Alvarez was invited to speak about his background, and he stated, "I'm a retired marine of 25 years.... | Well, I'm -- I'm not sure that that's quite correct. It has said it often, but always in context where it is well understood that speech can injure. Defamation, Gertz. At page 12 of your brief, you make this point, and it's what Justice Sotomayor is indicating. You think there's no value to falsity. But I -- I simply c... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: On July 23, 2007, Xavier Alvarez, a member of the Three Valleys Water District Board of Directors, attended a joint meeting with the Walnut Valley Water District Board of Directors at the Board's headquarters. Mr. Alvarez was invited to speak about his background, and he stated, "I'm a retired marine of 25 years.... | And-- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Four-time convicted felon James Logan received an enhanced sentence of 15 years under the Armed Career Criminal Act (ACCA) after his conviction for firearm possession. The ACCA imposes heavier penalties upon felons convicted of three or more violent crimes. Logan contended that his three battery convictions did n... | So if you had a statute... a State like, I'm told, Vermont, that doesn't take away any one's civil rights, not even a first degree murderer's, then that first degree murderer would be equated to someone whose civil rights were taken away and then restored. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Four-time convicted felon James Logan received an enhanced sentence of 15 years under the Armed Career Criminal Act (ACCA) after his conviction for firearm possession. The ACCA imposes heavier penalties upon felons convicted of three or more violent crimes. Logan contended that his three battery convictions did n... | They're not anomalies because the gun prohibition would cover them, even though they never had their civil rights taken away? Is that... is that what you're saying? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Four-time convicted felon James Logan received an enhanced sentence of 15 years under the Armed Career Criminal Act (ACCA) after his conviction for firearm possession. The ACCA imposes heavier penalties upon felons convicted of three or more violent crimes. Logan contended that his three battery convictions did n... | Mr. Coad, how are... how are civil rights which have been taken away typically restored? What is... what is the process for restoring them? Just if you don't commit another offense within a certain number of years? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Four-time convicted felon James Logan received an enhanced sentence of 15 years under the Armed Career Criminal Act (ACCA) after his conviction for firearm possession. The ACCA imposes heavier penalties upon felons convicted of three or more violent crimes. Logan contended that his three battery convictions did n... | Well, but even... even there I assume the law waits for a certain passage of time, and I would assume that there can be no felony committed during that interim period or the person's sentence has to be served or something? It's ongoing, it's prospective. And so restoration has a real component, in that... that is not p... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Calvin Smith and John Raynor, along with four others, were tried together and convicted on multiple charges including drug conspiracy and RICO act violations. The defendants filed motions for a new trial on various grounds, including that the leaders of the conspiracy, Rodney Moore and Kevin Gray, split up before... | Yes, but that -- is that an element of the crime? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Calvin Smith and John Raynor, along with four others, were tried together and convicted on multiple charges including drug conspiracy and RICO act violations. The defendants filed motions for a new trial on various grounds, including that the leaders of the conspiracy, Rodney Moore and Kevin Gray, split up before... | It has to be raised by the defendant, right? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Calvin Smith and John Raynor, along with four others, were tried together and convicted on multiple charges including drug conspiracy and RICO act violations. The defendants filed motions for a new trial on various grounds, including that the leaders of the conspiracy, Rodney Moore and Kevin Gray, split up before... | Which means it's not an element. It doesn't have to be charged in the indictment. Now, how can something that goes to the existence or non-existence of an affirmative defense be an element? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Calvin Smith and John Raynor, along with four others, were tried together and convicted on multiple charges including drug conspiracy and RICO act violations. The defendants filed motions for a new trial on various grounds, including that the leaders of the conspiracy, Rodney Moore and Kevin Gray, split up before... | But you could prove the crime without a reasonable -- beyond a reasonable doubt if you never raised the statute of limitations. And statutes of limitations exist for civil claims as well as criminal claims. And in -- on the civil side, the statute of limitations is an affirmative defense, and it's up to the plaintiff t... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-... | How do you explain -- I mean, I think that is a principal point, whether Blake and Brieva changed the law. How do you explain the language in Matter of Wadud, which antedates by a good deal those two cases, 1984, which says: "Section 212(c) can only be invoked in a deportation hearing where the ground of deportation ch... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-... | Mr.-- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-... | --Please finish. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-... | You cite some cases. You say there was a dramatic change in the law. The government cites some cases and it says there was no change in the law. What if the truth lies someplace in the middle. What if, in fact, when you look before Blake what you see is some amount of confusion; that the board sometimes was following t... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 f... | Well, I thought the holding was that factor (k), standing alone, does... does not raise a... does... does not, standing alone, raise a question of reasonable probability of... of misunderstanding or misapplication of the law. And that's not what they're claiming here. They're claiming here that there was something much... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 f... | Well, no, no. The... the mitigating evidence that Boyde held could be considered without a... (k) being a bar, was mitigating evidence about the... the character of the individual prior to or at least up to the moment of the crime. So this is... this is different kind of evidence, and I... I mean, this is post-crime ev... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 f... | What do we make of the Chief Justice's fear statement, not once but twice, in Boyde? The prosecutor never suggested that background and character evidence could not be considered. So mustn't we take Boyde with that qualification when we have a case where the prosecutor, indeed, suggested that this information could not... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 f... | Well, do we take... do we take the case on the assumption that the trial court erred in not giving a curative instruction and in saying, well, this is a matter for the attorneys to argue? You... you don't argue about what a statute means. That's a question of law. You don't argue that. You can argue the facts, that it'... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native America... | Counsel, the -- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native America... | -- State argues that the territory should be analyzed as a dependent Indian community under 1151 and not as a reservation. They base this argument on our decisions in Sandoval and Creek Nation and 1151 itself and the fact that the Creeks have always maintained, have been adamant about the fact that they are not reserva... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native America... | Thank you, counsel. Justice Thomas? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native America... | Yes, counsel. In Solem and in Parker, those cases only involved the disposition of surplus land. And, here, of course, there's much, much more being done in a whole series of statutes involving both sovereignty and the allotment of land. Can you point to any case in which we've applied the Solem fact framework to a cas... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Marcus Burrage was arrested for distribution of heroin and distribution of heroin resulting in the death of Joshua Banka. A jury found him guilty, and Burrage was sentenced to nearly 40 years in prison. He appealed and argued that the judge allowed inadmissible hearsay into evidence, denied his motion for acquitt... | How would you respond to the hypothetical that the government poses on 24 of its brief, that it's the three drops of poison, each defendant puts in one drop, one drop will not do it, three drops will, and none of them would be chargeable because it takes three drops? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Marcus Burrage was arrested for distribution of heroin and distribution of heroin resulting in the death of Joshua Banka. A jury found him guilty, and Burrage was sentenced to nearly 40 years in prison. He appealed and argued that the judge allowed inadmissible hearsay into evidence, denied his motion for acquitt... | But you would if -- if you knew that there were two drops in and you added the third drop after the two drops. Right? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Marcus Burrage was arrested for distribution of heroin and distribution of heroin resulting in the death of Joshua Banka. A jury found him guilty, and Burrage was sentenced to nearly 40 years in prison. He appealed and argued that the judge allowed inadmissible hearsay into evidence, denied his motion for acquitt... | I'm sorry. I've lost sight of this. Is this each drop is enough or-- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Marcus Burrage was arrested for distribution of heroin and distribution of heroin resulting in the death of Joshua Banka. A jury found him guilty, and Burrage was sentenced to nearly 40 years in prison. He appealed and argued that the judge allowed inadmissible hearsay into evidence, denied his motion for acquitt... | Three -- three drops. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1981, Fernando Belmontes Jr. was convicted of the first-degree murder of Steacy McConnell. During the sentencing phase of the trial, prosecutors sought the death penalty. Belmontes's defense lawyers argued for a life term in prison, and presented evidence of his history as a victim of abuse and poverty as well... | Mr. Johnson, would you comment on the footnote on the... on the... drawing the distinction with regard to the dance contest that the defendant won in that case, between... it's over here; I'm asking the question... between facts that occurred before the crime and facts that might have occurred after. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1981, Fernando Belmontes Jr. was convicted of the first-degree murder of Steacy McConnell. During the sentencing phase of the trial, prosecutors sought the death penalty. Belmontes's defense lawyers argued for a life term in prison, and presented evidence of his history as a victim of abuse and poverty as well... | It doesn't have to be forward... looking, does it? I mean, I thought we've said "so long as it can be taken into account in any manner. " whether backward-looking or forward-looking. Haven't we said that, explicitly? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1981, Fernando Belmontes Jr. was convicted of the first-degree murder of Steacy McConnell. During the sentencing phase of the trial, prosecutors sought the death penalty. Belmontes's defense lawyers argued for a life term in prison, and presented evidence of his history as a victim of abuse and poverty as well... | Well it was-- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1981, Fernando Belmontes Jr. was convicted of the first-degree murder of Steacy McConnell. During the sentencing phase of the trial, prosecutors sought the death penalty. Belmontes's defense lawyers argued for a life term in prison, and presented evidence of his history as a victim of abuse and poverty as well... | --it was addressing itself to the fact... to the words of the factor (k) instruction. How does post-crime prison conduct reduce the seriousness of a previous crime? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A police officer stopped a car for speeding, searched the car, and seized money from the glove compartment and cocaine from behind the back-seat armrest. The officer arrested the car's three occupants after they denied ownership of the drugs and money. A state court sentenced Pringle, the front-seat passenger, fo... | What... the rear seat armrest was pushed up-- |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A police officer stopped a car for speeding, searched the car, and seized money from the glove compartment and cocaine from behind the back-seat armrest. The officer arrested the car's three occupants after they denied ownership of the drugs and money. A state court sentenced Pringle, the front-seat passenger, fo... | --and then the drugs were behind the... the armrest? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A police officer stopped a car for speeding, searched the car, and seized money from the glove compartment and cocaine from behind the back-seat armrest. The officer arrested the car's three occupants after they denied ownership of the drugs and money. A state court sentenced Pringle, the front-seat passenger, fo... | At the end of the day, what happened? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A police officer stopped a car for speeding, searched the car, and seized money from the glove compartment and cocaine from behind the back-seat armrest. The officer arrested the car's three occupants after they denied ownership of the drugs and money. A state court sentenced Pringle, the front-seat passenger, fo... | And respondent was a front seat passenger? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Mario Claiborne pleaded guilty to two drug-related charges. A District Court determined that according to the Federal Sentencing Guidelines the charges should carry a minimum sentence of 37 months in prison. However, the District Court decided to reduce Claiborne's sentence to 15 months based on factors enumerate... | What would be your test of reasonableness for appellate review? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Mario Claiborne pleaded guilty to two drug-related charges. A District Court determined that according to the Federal Sentencing Guidelines the charges should carry a minimum sentence of 37 months in prison. However, the District Court decided to reduce Claiborne's sentence to 15 months based on factors enumerate... | It seems to me that gives very little weight to the goal, which I think is a congressional goal, of nationwide consistency in eliminating the disparities in the sentencing system which cause great disrespect to the justice system. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Mario Claiborne pleaded guilty to two drug-related charges. A District Court determined that according to the Federal Sentencing Guidelines the charges should carry a minimum sentence of 37 months in prison. However, the District Court decided to reduce Claiborne's sentence to 15 months based on factors enumerate... | Can I substitute "substantial" for "gravitational" without offending your position or affecting your position? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Mario Claiborne pleaded guilty to two drug-related charges. A District Court determined that according to the Federal Sentencing Guidelines the charges should carry a minimum sentence of 37 months in prison. However, the District Court decided to reduce Claiborne's sentence to 15 months based on factors enumerate... | Kind of a weak law of gravity like the Moon. It's only at one-seventh. [Laughter] |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: William Harris, who sold illegal narcotics at his pawnshop with an unconcealed semiautomatic pistol at his side, was convicted for violating 18 USC section 924(c)(1)(A), which provides that a person who in relation to a drug trafficking crime uses or carries a firearm "shall, in addition to the punishment for suc... | But it's not so... it seems to me that... I understand your argument, but it's not so clear as it was in Jones. I mean, the difference between use and brandish is... is a... is a smaller difference in degree. The difference in the penalties are smaller differences. It's just a couple of years, the difference between 5 ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: William Harris, who sold illegal narcotics at his pawnshop with an unconcealed semiautomatic pistol at his side, was convicted for violating 18 USC section 924(c)(1)(A), which provides that a person who in relation to a drug trafficking crime uses or carries a firearm "shall, in addition to the punishment for suc... | Can I... can I go to Apprendi? Because the... I want to just focus you a little bit, assuming you lose on this argument. I want to know... and this is hard for me because I dissented in Apprendi. I want to know how you, as a person living with the case, understands it. Imagine two statutes. I just want to know if you t... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: William Harris, who sold illegal narcotics at his pawnshop with an unconcealed semiautomatic pistol at his side, was convicted for violating 18 USC section 924(c)(1)(A), which provides that a person who in relation to a drug trafficking crime uses or carries a firearm "shall, in addition to the punishment for suc... | That's what Apprendi is about. Now, suppose I take that same statute and I just rewrite the words as follows. The maximum for this crime of robbery is 15, but unless a gun is discharged, you shall not sentence to more than 10. Now, is that second statute treated identically to the first in your understanding and the un... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: William Harris, who sold illegal narcotics at his pawnshop with an unconcealed semiautomatic pistol at his side, was convicted for violating 18 USC section 924(c)(1)(A), which provides that a person who in relation to a drug trafficking crime uses or carries a firearm "shall, in addition to the punishment for suc... | Both. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Panagis Vartelas became a Lawful Permanent Resident of the United States on January 5, 1989. On December 9, 1994, Vartelas pled guilty to conspiracy to make or possess a counterfeit security. In January of 2003, Vartelas took a one-week trip to Greece. Upon his return from Greece to the JFK airport in New York on... | As far as going forward is concerned, that's -- that's just the way it is, right? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Panagis Vartelas became a Lawful Permanent Resident of the United States on January 5, 1989. On December 9, 1994, Vartelas pled guilty to conspiracy to make or possess a counterfeit security. In January of 2003, Vartelas took a one-week trip to Greece. Upon his return from Greece to the JFK airport in New York on... | Could they -- could they -- the -- the person who -- who is here and then the new law is passed, could that person have petitioned for discretionary relief before traveling? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Panagis Vartelas became a Lawful Permanent Resident of the United States on January 5, 1989. On December 9, 1994, Vartelas pled guilty to conspiracy to make or possess a counterfeit security. In January of 2003, Vartelas took a one-week trip to Greece. Upon his return from Greece to the JFK airport in New York on... | So your expectations argument is that somebody trying to figure out whether to go ahead and rob the bank is going to say, well, if I do and I am caught and I am found guilty, I won't be able to take temporary trips abroad, so I'm not going to rob the bank? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Panagis Vartelas became a Lawful Permanent Resident of the United States on January 5, 1989. On December 9, 1994, Vartelas pled guilty to conspiracy to make or possess a counterfeit security. In January of 2003, Vartelas took a one-week trip to Greece. Upon his return from Greece to the JFK airport in New York on... | You are concerned under Landgraf, I think, with whether or not it disrupts settled expectations, and it just doesn't seem to me that this issue enters into the expectations at all when the pertinent act, which is the commission of the crime, not the pleading guilty, takes place. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Erik Hughes pleaded guilty to drug and firearm offenses and entered into a plea agreement with the government under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. The district court accepted the agreement and sentenced Hughes accordingly. Hughes then sought a sentence reduction under 18 U.S.C. § 358... | Mr. Shumsky, could you address one issue for me on this question? In a (C) agreement, the government is giving up, often, certain things. Sometimes they dismiss additional charges. Sometimes, as here, they give up filing a persistent felony certificate. Sometimes they agree not to prosecute someone important to the def... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Erik Hughes pleaded guilty to drug and firearm offenses and entered into a plea agreement with the government under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. The district court accepted the agreement and sentenced Hughes accordingly. Hughes then sought a sentence reduction under 18 U.S.C. § 358... | Except that -- let's take -- dismissing charges, I -- I think it could be seen as relatively easy. How different were the charges and the exposure from what was kept and what was the strength of the government's evidence? And the government could talk about that at sentencing on those charges. But the persistent felony... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Erik Hughes pleaded guilty to drug and firearm offenses and entered into a plea agreement with the government under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. The district court accepted the agreement and sentenced Hughes accordingly. Hughes then sought a sentence reduction under 18 U.S.C. § 358... | Okay. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Erik Hughes pleaded guilty to drug and firearm offenses and entered into a plea agreement with the government under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. The district court accepted the agreement and sentenced Hughes accordingly. Hughes then sought a sentence reduction under 18 U.S.C. § 358... | When wouldn't any -- what would disqualify a defendant from eligibility? The plurality said this determination has to be made on a case-by-case basis. But as I read your brief, I can't -- what are the scenarios where you think someone would not be eligible? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Carlo J. Marinello II owned and operated a freight service that couriered items to and from the United States and Canada. Between 1992 and 2010, Marinello did not keep an accounting of his business, nor did he file personal or corporate income tax returns. Indeed, he shredded bank statements and business records.... | What -- what -- what lawful conduct would the government's reading put at risk? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Carlo J. Marinello II owned and operated a freight service that couriered items to and from the United States and Canada. Between 1992 and 2010, Marinello did not keep an accounting of his business, nor did he file personal or corporate income tax returns. Indeed, he shredded bank statements and business records.... | My problem is that I have -- a second question. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Carlo J. Marinello II owned and operated a freight service that couriered items to and from the United States and Canada. Between 1992 and 2010, Marinello did not keep an accounting of his business, nor did he file personal or corporate income tax returns. Indeed, he shredded bank statements and business records.... | I have a lot of hypotheticals under your definition of what this section means that wouldn't be covered. So how about if an individual knows that the IRS is in the presence of -- press -- in the process of assessing his taxes and he in some way obstructs that process, or an agent -- the agent in 2004 called the defenda... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Carlo J. Marinello II owned and operated a freight service that couriered items to and from the United States and Canada. Between 1992 and 2010, Marinello did not keep an accounting of his business, nor did he file personal or corporate income tax returns. Indeed, he shredded bank statements and business records.... | Well, wait a minute, yes, it can do that sometimes. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 2003 and 2005, Stephen Voisine was convicted of assaulting a woman (with whom he was in a domestic relationship) under a Maine state statute that establishes that a person is guilty of assault if that person “knowingly, intentionally, or recklessly causes bodily injury or offensive physical contact to another ... | But it's inconsistent with the treatment of bodily injury. I mean, I think you agree, because the Court so held, that either bodily injury or offensive touching is the act -- satisfies the act requirement. And you say if there's bodily injury, then reckless is enough, but if it's only offensive touching, then you need ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 2003 and 2005, Stephen Voisine was convicted of assaulting a woman (with whom he was in a domestic relationship) under a Maine state statute that establishes that a person is guilty of assault if that person “knowingly, intentionally, or recklessly causes bodily injury or offensive physical contact to another ... | I'm sorry. Intentionality, in my mind, is misperceived, because you think -- you're talking about intentionality as the act of causing the injury. But I understood common-law battery to be the intentional act that causes the injury; i.e., if a husband threw a bottle at a wife, doesn't intend to hit her, but the bottle ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 2003 and 2005, Stephen Voisine was convicted of assaulting a woman (with whom he was in a domestic relationship) under a Maine state statute that establishes that a person is guilty of assault if that person “knowingly, intentionally, or recklessly causes bodily injury or offensive physical contact to another ... | I know. If we end up disagreeing because the government points to many examples where this is the case, how do you win? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 2003 and 2005, Stephen Voisine was convicted of assaulting a woman (with whom he was in a domestic relationship) under a Maine state statute that establishes that a person is guilty of assault if that person “knowingly, intentionally, or recklessly causes bodily injury or offensive physical contact to another ... | But -- but the point is that the contact was in -- was -- some contact had to have occurred. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A federal grand jury indicted Sila Luis for her alleged role in a Medicare fraud scheme that involved giving kickbacks to patients who enrolled with her home healthcare companies. Because federal law allows the government to file a pretrial motion to restrain the assets of defendants accused of particular types o... | What do you do about Monsanto? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A federal grand jury indicted Sila Luis for her alleged role in a Medicare fraud scheme that involved giving kickbacks to patients who enrolled with her home healthcare companies. Because federal law allows the government to file a pretrial motion to restrain the assets of defendants accused of particular types o... | Right. So what is the logic that says it doesn't violate the Sixth Amendment if it's tainted funds, but it does if it's untainted funds? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A federal grand jury indicted Sila Luis for her alleged role in a Medicare fraud scheme that involved giving kickbacks to patients who enrolled with her home healthcare companies. Because federal law allows the government to file a pretrial motion to restrain the assets of defendants accused of particular types o... | But, Mr. Srebnick, I mean, compare two situations. One is the one that Monsanto talked about where, yeah, a bank robber goes in and he has a pile of money now. And Monsanto says, you know, even though he wants to use that money to pay for an attorney, too bad. Now a bank robber goes in, he has a pile of money, he puts ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: A federal grand jury indicted Sila Luis for her alleged role in a Medicare fraud scheme that involved giving kickbacks to patients who enrolled with her home healthcare companies. Because federal law allows the government to file a pretrial motion to restrain the assets of defendants accused of particular types o... | Well, but is -- doesn't it make sense the -- the sort of substitution rule? I mean, if you've got $10 million in drug activity -- money and you had $5 million, and you spent $10 million, you can't say, you know, oh, I spent the drug money, you can't touch the $5 million. It seems to me that's what the statute is doing ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: John Thompson sued the Orleans Parish District Attorney's Office, the District Attorney, Harry Connick, in his official and individual capacities, and several assistant district attorneys in their official capacities under 42 U.S.C § 1983 in a Louisiana federal district court. Mr. Thompson served fourteen years o... | Isn't there something in between? Because in Canton, the hypothetical was one rookie police officer. Here, it wasn't one rogue prosecutor. There were four prosecutors who knew of this blood evidence and there were multiple opportunities for them to disclose it, but four of them apparently thought it was okay under Brad... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: John Thompson sued the Orleans Parish District Attorney's Office, the District Attorney, Harry Connick, in his official and individual capacities, and several assistant district attorneys in their official capacities under 42 U.S.C § 1983 in a Louisiana federal district court. Mr. Thompson served fourteen years o... | Counsel, this is a single incident, and Canton said if you know that a tort is likely to happen without training then one incident is enough. Every prosecutor knows that there can be Brady violations if people are not taught what Brady means, because it's not self-evident in every situation. Correct? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: John Thompson sued the Orleans Parish District Attorney's Office, the District Attorney, Harry Connick, in his official and individual capacities, and several assistant district attorneys in their official capacities under 42 U.S.C § 1983 in a Louisiana federal district court. Mr. Thompson served fourteen years o... | All right. So if you know that rookie prosecutors -- and most prosecutors' offices are filled with young ADA's who have just come out of law school. If you know that they are going to meet some situations where the answer is not intuitively known, like that if you get a lab report, you should turn it over, don't you ha... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: John Thompson sued the Orleans Parish District Attorney's Office, the District Attorney, Harry Connick, in his official and individual capacities, and several assistant district attorneys in their official capacities under 42 U.S.C § 1983 in a Louisiana federal district court. Mr. Thompson served fourteen years o... | We can talk later about whether or not there was sufficient evidence for the jury to disbelieve that you had that policy or not. That's a sufficiency of the evidence question. But if you know that lab reports have to be turned over, you've conceded it's a Brady violation not to do it, and there was sufficient -- and yo... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Bureau of Indian Affairs officials arrested Billy Jo Lara on the Spirit Lake Nation Reservation for public intoxication (though Lara is not a member of the reservation). During the arrest Lara attacked an officer.
A tribal court convicted Lara of assault. The federal government then indicted Lara for assaulting ... | Mr. Chief Justice, and may it please the Court: 14 years ago in the Duro decision this Court held that under the state of Indian law, as it then stood, and Indian tribe could not prosecute an Indian who was not a member of that tribe. The Court recognized, though, that its decision might create a jurisdictional gap on ... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Bureau of Indian Affairs officials arrested Billy Jo Lara on the Spirit Lake Nation Reservation for public intoxication (though Lara is not a member of the reservation). During the arrest Lara attacked an officer.
A tribal court convicted Lara of assault. The federal government then indicted Lara for assaulting ... | Why didn't... why didn't they extend it to non-Indians? I mean, if it's a problem when a... a non-member Indian commits an offense on an Indian reservation, why isn't it an equivalent problem when a... a white man commits the same crime on an Indian reservation? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Bureau of Indian Affairs officials arrested Billy Jo Lara on the Spirit Lake Nation Reservation for public intoxication (though Lara is not a member of the reservation). During the arrest Lara attacked an officer.
A tribal court convicted Lara of assault. The federal government then indicted Lara for assaulting ... | Well, why couldn't they have changed that? They could have solved the problem by simply treating non-member Indians the same way they treat non-Indians. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: Bureau of Indian Affairs officials arrested Billy Jo Lara on the Spirit Lake Nation Reservation for public intoxication (though Lara is not a member of the reservation). During the arrest Lara attacked an officer.
A tribal court convicted Lara of assault. The federal government then indicted Lara for assaulting ... | What's-- --There's some ambiguity about what Indian refers to. Is it... must it be someone who is enrolled in an Indian tribe or can it be anyone who is the child of Indian parents? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five... | I have just one question about that. I guess on the checkpoints to check for drunk drivers, that's at least related to the condition of the driver of the car, and the Court applied a balancing test and upheld it. Now, is this search more to find drugs being transported in vehicles or is it looking for drivers who are i... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five... | What do the statistics show or do they show about the percentage of people that were arrested that were using drugs and were therefore driving under the influence of drugs? Do the statistics show us that? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five... | But does that make this akin to a checkpoint, for instance, to catch burglars in an area or a murderer or something of that kind? Is this more for typical law enforcement purposes? And does that affect the balance in some way? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five... | Well, if there were a high crime area with lots of thefts and burglaries and it was believed that the burglars typically made their getaway in cars, is it appropriate to have roadblocks and check people for that purpose? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In September 2003, James Benjamin Puckett agreed to a plea bargain with the United States on counts of bank robbery and use of a firearm in the commission of a crime of violence. In exchange for his guilty plea, the government agreed to recommend a reduced sentence. However at sentencing, the government reneged a... | Mr. Isaacson, you said there were two facts. Aren't there three? Isn't it a fact that after the plea bargain the defendant in essence broke his side of the bargain by committing a crime while he was in jail? |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In September 2003, James Benjamin Puckett agreed to a plea bargain with the United States on counts of bank robbery and use of a firearm in the commission of a crime of violence. In exchange for his guilty plea, the government agreed to recommend a reduced sentence. However at sentencing, the government reneged a... | Well, I used to teach contract law and I'll tell you that would have been a breach of contract. That would have been a breach on his part. Now, the government has conceded the breach of the plea agreement. I don't -- I can't understand why they did that, but they apparently have conceded it. Does that mean that we have... |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In September 2003, James Benjamin Puckett agreed to a plea bargain with the United States on counts of bank robbery and use of a firearm in the commission of a crime of violence. In exchange for his guilty plea, the government agreed to recommend a reduced sentence. However at sentencing, the government reneged a... | Oh. |
Analyze the conversation between the judge and the petitioner. Based on the dialogue and the key aspects of the case, determine the next most appropriate response from the judge | Fact: In September 2003, James Benjamin Puckett agreed to a plea bargain with the United States on counts of bank robbery and use of a firearm in the commission of a crime of violence. In exchange for his guilty plea, the government agreed to recommend a reduced sentence. However at sentencing, the government reneged a... | So you want to us make the inference that the impermissible or criminal activity was permitted by the absence of this specific clause. You say there is no implied condition, no implied covenant? |
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