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The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | {
"signal": "see",
"identifier": "466 U.S. 648, 653",
"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that th... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | {
"signal": "see",
"identifier": "466 U.S. 648, 653",
"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that th... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | {
"signal": "see",
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"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s ri... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s ri... | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s ri... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that the \"accused's right to be represented by counsel is a fundamental component of our criminal justice system\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s ri... | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": "287 U.S. 45, 69",
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’... | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": "287 U.S. 45, 69",
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’... | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s right to be... | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s right to be... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s right to be... | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that a criminal defendant \"requires the guiding hand of counsel at every step in the proceedings against him\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (recognizing that the “accused’s right to be... | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | {
"signal": "see",
"identifier": "304 U.S. 458, 462-63",
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life o... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": "304 U.S. 458, 462-63",
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life o... | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty\"",
"s... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty\"",
"s... | 9,247,685 | b |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty\"",
"s... | {
"signal": "see also",
"identifier": "359 F.3d 310, 310",
"parenthetical": "asserting that \"[a]ll other rights will turn to ashes in the hands of a person who is without effective, professional, and zealous representation when accused of a crime\"",
"sentence": "See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct... | 9,247,685 | a |
The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. | {
"signal": "see also",
"identifier": "510 F.2d 634, 640",
"parenthetical": "stressing the importance of counsel by writing that \"[wjhile a criminal trial is not a game in which the participants are expected to enter the ring with a near match in skills, neither is it a sacrifice of unarmed prisoners to gladiato... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that the right to counsel \"embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty\"",
"s... | 9,247,685 | b |
Second, as we also have noted, plaintiffs have failed properly to allege scienter and/or culpability on the part of "Merrill Lynch." Even had we found a properly pled violation of the 1934 Act, we would not automatically impute this violation to "Merrill Lynch" as a controlling entity. | {
"signal": "see also",
"identifier": "101 F.3d 263, 270",
"parenthetical": "holding that a parent company would, at the very least, have to have been deliberately blind to its subsidiary's fraud in order to have the requisite scienter",
"sentence": "See also Chill v. General Elec. Co., 101 F.3d 263, 270 (2d Ci... | {
"signal": "see",
"identifier": "969 F.Supp. 242, 242",
"parenthetical": "\"[T]he law in this circuit is clear that a subsidiary's fraud cannot be automatically imputed to its corporate parent.\"",
"sentence": "See Baesa, 969 F.Supp. at 242 (“[T]he law in this circuit is clear that a subsidiary’s fraud cannot ... | 336,110 | b |
First, this vaguely worded one-paragraph affidavit is not the affidavit of the witness with personal knowledge of the events described in the affidavit; rather, it is the hearsay testimony of Williams's trial counsel about a witness who is Williams's brother and was presumably available to execute an affidavit based up... | {
"signal": "see also",
"identifier": "965 S.W.2d 852, 859",
"parenthetical": "holding an affidavit containing impeachment evidence is insufficient to support the granting of a new trial",
"sentence": "See also State v. Gatewood, 965 S.W.2d 852, 859 (Mo.App.W.D.1998) (holding an affidavit containing impeachment... | {
"signal": "no signal",
"identifier": "857 S.W.2d 393, 398",
"parenthetical": "\"[Af-fiant's] testimony is hearsay, useful perhaps for impeach[ment] ..., but not as substantive evidence.\"",
"sentence": "State v. Westcott, 857 S.W.2d 393, 398 (Mo.App.W.D.1993) (“[Af-fiant’s] testimony is hearsay, useful perhap... | 7,270,859 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "52 N.J. 22, 31-33",
"parenthetical": "zoning boards must review variance applications by owners of undersized, isolated lots based on acknowledged hardship",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance appli... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | {
"signal": "no signal",
"identifier": "52 N.J. 22, 31-33",
"parenthetical": "zoning boards must review variance applications by owners of undersized, isolated lots based on acknowledged hardship",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance appli... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "zoning boards must review variance applications by owners of undersized, isolated lots based on acknowledged hardship",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owne... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "zoning boards must review variance applications by owners of undersized, isolated lots based on acknowledged hardship",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owne... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "52 N.J. 212, 225-226",
"parenthetical": "denial of hardship variance may amount to unconstitutional restriction on the use of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of ... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "52 N.J. 212, 225-226",
"parenthetical": "denial of hardship variance may amount to unconstitutional restriction on the use of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "denial of hardship variance may amount to unconstitutional restriction on the use of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, isolat... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "denial of hardship variance may amount to unconstitutional restriction on the use of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, isolat... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "78 N.J. 544, 557",
"parenthetical": "denial of hardship variance could constitute unconstitutional deprivation of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, ... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "78 N.J. 544, 557",
"parenthetical": "denial of hardship variance could constitute unconstitutional deprivation of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "denial of hardship variance could constitute unconstitutional deprivation of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, isolated lots ... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "denial of hardship variance could constitute unconstitutional deprivation of property",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance applications by owners of undersized, isolated lots ... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | {
"signal": "no signal",
"identifier": "81 N.J. 597, 607",
"parenthetical": "when variance for a structure on an undersized lot is denied, property may be deemed zoned into inutility, calling for payment of compensation",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards mu... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | {
"signal": "no signal",
"identifier": "81 N.J. 597, 607",
"parenthetical": "when variance for a structure on an undersized lot is denied, property may be deemed zoned into inutility, calling for payment of compensation",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards mu... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "when variance for a structure on an undersized lot is denied, property may be deemed zoned into inutility, calling for payment of compensation",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review vari... | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "when variance for a structure on an undersized lot is denied, property may be deemed zoned into inutility, calling for payment of compensation",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review vari... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | {
"signal": "no signal",
"identifier": "96 N.J. 97, 107",
"parenthetical": "to avoid hardship, the fair market value of a property must be computed on the assumption that all necessary variances have been granted",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": "96 N.J. 97, 107",
"parenthetical": "to avoid hardship, the fair market value of a property must be computed on the assumption that all necessary variances have been granted",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "cf.",
"identifier": "105 N.J. 476, 484",
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must revi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "to avoid hardship, the fair market value of a property must be computed on the assumption that all necessary variances have been granted",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance a... | 344,147 | b |
While that reasoning may have been valid in 1962, subsequent case law makes it increasingly questionable. See Harrington Glen, Inc. v. Mun. Bd. Adj. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "to avoid hardship, the fair market value of a property must be computed on the assumption that all necessary variances have been granted",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance a... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "neighbor's offer to purchase non-conforming lot does not vitiate hardship necessitating distinguishing previously developed from vacant land",
"sentence": "Bor. Leonia, et al., 52 N.J. 22, 31-33, 243 A.2d 233 (1968) (zoning boards must review variance app... | 344,147 | a |
First, the statements on the fraud referral to CID represented the opinion of a single revenue agent, which is certainly far from "an institutional commitment." | {
"signal": "see",
"identifier": "111 F.2d 819, 819",
"parenthetical": "explaining that view of a single revenue agent is not the same thing as \"institutional posture\"",
"sentence": "See MacKenzie, 111 F.2d at 819 (explaining that view of a single revenue agent is not the same thing as “institutional posture”... | {
"signal": "see also",
"identifier": "437 U.S. 314, 314",
"parenthetical": "describing internal IRS review process that is both \"multilayered and thorough\"",
"sentence": "See MacKenzie, 111 F.2d at 819 (explaining that view of a single revenue agent is not the same thing as “institutional posture”); see also... | 9,337,861 | a |
First, the statements on the fraud referral to CID represented the opinion of a single revenue agent, which is certainly far from "an institutional commitment." | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing internal IRS review process that is both \"multilayered and thorough\"",
"sentence": "See MacKenzie, 111 F.2d at 819 (explaining that view of a single revenue agent is not the same thing as “institutional posture”); see also LaSalle, 437 U... | {
"signal": "see",
"identifier": "111 F.2d 819, 819",
"parenthetical": "explaining that view of a single revenue agent is not the same thing as \"institutional posture\"",
"sentence": "See MacKenzie, 111 F.2d at 819 (explaining that view of a single revenue agent is not the same thing as “institutional posture”... | 9,337,861 | b |
{19 As further proof of the affidavit's reliability, we note that the eleven individuals interviewed by Barton were intimately acquainted with Norris's alleged modus operan-di. | {
"signal": "see also",
"identifier": "462 U.S. 284, 284",
"parenthetical": "declaring that a \"detailed description of the alleged wrongdoing, along with a statement that the event was observed firsthand,\" increases the reliability of an informant's tip",
"sentence": "See Hansen, 782 P.2d at 130 (noting that ... | {
"signal": "see",
"identifier": "782 P.2d 130, 130",
"parenthetical": "noting that reliability of information is enhanced if the informant personally observes the crime",
"sentence": "See Hansen, 782 P.2d at 130 (noting that reliability of information is enhanced if the informant personally observes the crime)... | 9,411,060 | b |
{19 As further proof of the affidavit's reliability, we note that the eleven individuals interviewed by Barton were intimately acquainted with Norris's alleged modus operan-di. | {
"signal": "see",
"identifier": "782 P.2d 130, 130",
"parenthetical": "noting that reliability of information is enhanced if the informant personally observes the crime",
"sentence": "See Hansen, 782 P.2d at 130 (noting that reliability of information is enhanced if the informant personally observes the crime)... | {
"signal": "see also",
"identifier": null,
"parenthetical": "declaring that a \"detailed description of the alleged wrongdoing, along with a statement that the event was observed firsthand,\" increases the reliability of an informant's tip",
"sentence": "See Hansen, 782 P.2d at 130 (noting that reliability of ... | 9,411,060 | a |
The court agrees with Petitioner that in the absence of any post-Clark modifications to the applicable regulations, the Cerda Memorandum provides no legal footing for Respondent; however, the procedure prescribed by the memorandum is consistent with the few cases decided after Clark that have addressed the continued de... | {
"signal": "see also",
"identifier": "412 F.3d 1088, 1089",
"parenthetical": "noting that Zadvydas and Clark \"invite doubt as to the constitutionality of the current Cuban Review Plan\" under SS 212.12",
"sentence": "See Castro-Morales v. Ebbert, 331 Fed.Appx. 191, 192 (3rd Cir.2009) (petitioner initially det... | {
"signal": "see",
"identifier": "331 Fed.Appx. 191, 192",
"parenthetical": "petitioner initially detained under 8 C.F.R. SS 212.12, and detention continued, post-Clark, under 8 C.F.R. SS 241.14(f",
"sentence": "See Castro-Morales v. Ebbert, 331 Fed.Appx. 191, 192 (3rd Cir.2009) (petitioner initially detained u... | 5,752,883 | b |
The court agrees with Petitioner that in the absence of any post-Clark modifications to the applicable regulations, the Cerda Memorandum provides no legal footing for Respondent; however, the procedure prescribed by the memorandum is consistent with the few cases decided after Clark that have addressed the continued de... | {
"signal": "see",
"identifier": "146 Fed.Appx. 547, 548",
"parenthetical": "petitioner detained, pre-Clark, pursuant to 8 C.F.R. SS 212.12, and released, post-Clark, after a \"repatriation review\" pursuant to 8 C.F.R. SS 241.13 determined \"no likelihood of removal and that petitioner is not a special category ... | {
"signal": "see also",
"identifier": "412 F.3d 1088, 1089",
"parenthetical": "noting that Zadvydas and Clark \"invite doubt as to the constitutionality of the current Cuban Review Plan\" under SS 212.12",
"sentence": "See Castro-Morales v. Ebbert, 331 Fed.Appx. 191, 192 (3rd Cir.2009) (petitioner initially det... | 5,752,883 | a |
In sum, we reject Appellants' argument that the guidelines proscribe reliance on uncharged or dismissed conduct in determining whether a departure from the guideline range is warranted and align this circuit with those that have adopted the better reasoned rule to the contrary. | {
"signal": "see also",
"identifier": "997 F.2d 343, 345-46",
"parenthetical": "explaining that district courts properly may consider conduct from dismissed counts in departing upward for inadequacy of criminal history",
"sentence": "See also United States v. Ruffin, 997 F.2d 343, 345-46 (7th Cir.1993) (explain... | {
"signal": "no signal",
"identifier": "109 F.3d 856, 864-65",
"parenthetical": "holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range",
"sentence": "Compare United States v. Baird, 109 F.3d 856, 864-65 (3d C... | 199,732 | b |
In sum, we reject Appellants' argument that the guidelines proscribe reliance on uncharged or dismissed conduct in determining whether a departure from the guideline range is warranted and align this circuit with those that have adopted the better reasoned rule to the contrary. | {
"signal": "see also",
"identifier": "997 F.2d 343, 345-46",
"parenthetical": "explaining that district courts properly may consider conduct from dismissed counts in departing upward for inadequacy of criminal history",
"sentence": "See also United States v. Ruffin, 997 F.2d 343, 345-46 (7th Cir.1993) (explain... | {
"signal": "no signal",
"identifier": "896 F.2d 678, 684",
"parenthetical": "holding that conduct from dismissed counts cannot be relied upon as a basis for departure",
"sentence": "Compare United States v. Baird, 109 F.3d 856, 864-65 (3d Cir.1997) (holding that conduct contained in dismissed counts may be con... | 199,732 | b |
In sum, we reject Appellants' argument that the guidelines proscribe reliance on uncharged or dismissed conduct in determining whether a departure from the guideline range is warranted and align this circuit with those that have adopted the better reasoned rule to the contrary. | {
"signal": "no signal",
"identifier": "70 F.3d 1001, 1002-04",
"parenthetical": "holding that conduct from dismissed counts cannot be relied upon as a basis for departure",
"sentence": "Compare United States v. Baird, 109 F.3d 856, 864-65 (3d Cir.1997) (holding that conduct contained in dismissed counts may be... | {
"signal": "see also",
"identifier": "997 F.2d 343, 345-46",
"parenthetical": "explaining that district courts properly may consider conduct from dismissed counts in departing upward for inadequacy of criminal history",
"sentence": "See also United States v. Ruffin, 997 F.2d 343, 345-46 (7th Cir.1993) (explain... | 199,732 | a |
An examination of the rationale behind the EPA's decision, however, indicates that it did not replace the EP toxicity test because that test was invalid; instead, the TCLP test was adopted because it was faster and produced results that classified more -- not fewer -- materials as hazardous waste. The EPA promulgated t... | {
"signal": "see",
"identifier": "55 Fed. Reg. 11798, 11800",
"parenthetical": "\"Congress intended for EPA to develop a more aggressive leaching medium for the test ....\"",
"sentence": "See 42 U.S.C. § 6921(g) (directing EPA to make changes to the EP toxicity test “to insure that it accurately predicts the le... | {
"signal": "see also",
"identifier": "2 F.3d 438, 442",
"parenthetical": "\"The legislative history indicates that Congress believed that EPA's test was deficient because it was underinclu-sive in identifying hazardous wastes.\"",
"sentence": "See 42 U.S.C. § 6921(g) (directing EPA to make changes to the EP to... | 11,560,803 | a |
.The federal government does not have a public duty doctrine, and has in fact disavowed such an approach to assessing its liability under the Federal Tort Claims Act (FTCA). | {
"signal": "see also",
"identifier": "555 F.Supp.2d 580, 595",
"parenthetical": "\"The 'public duty' doctrine has no application to an FTCA action\"",
"sentence": "See United States v. Olson, 546 U.S. 43, 45-46, 126 S.Ct. 510, 163 L.Ed.2d 306 (2005) (explaining that, although a cause of action for negligence m... | {
"signal": "see",
"identifier": "546 U.S. 43, 45-46",
"parenthetical": "explaining that, although a cause of action for negligence may arise out of state law, FTCA precludes assessment of the federal government's liability according to state-level standards applicable to state or municipal government entities",
... | 6,913,436 | b |
.The federal government does not have a public duty doctrine, and has in fact disavowed such an approach to assessing its liability under the Federal Tort Claims Act (FTCA). | {
"signal": "see also",
"identifier": "555 F.Supp.2d 580, 595",
"parenthetical": "\"The 'public duty' doctrine has no application to an FTCA action\"",
"sentence": "See United States v. Olson, 546 U.S. 43, 45-46, 126 S.Ct. 510, 163 L.Ed.2d 306 (2005) (explaining that, although a cause of action for negligence m... | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining that, although a cause of action for negligence may arise out of state law, FTCA precludes assessment of the federal government's liability according to state-level standards applicable to state or municipal government entities",
"sentence": "S... | 6,913,436 | b |
.The federal government does not have a public duty doctrine, and has in fact disavowed such an approach to assessing its liability under the Federal Tort Claims Act (FTCA). | {
"signal": "see also",
"identifier": "555 F.Supp.2d 580, 595",
"parenthetical": "\"The 'public duty' doctrine has no application to an FTCA action\"",
"sentence": "See United States v. Olson, 546 U.S. 43, 45-46, 126 S.Ct. 510, 163 L.Ed.2d 306 (2005) (explaining that, although a cause of action for negligence m... | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining that, although a cause of action for negligence may arise out of state law, FTCA precludes assessment of the federal government's liability according to state-level standards applicable to state or municipal government entities",
"sentence": "S... | 6,913,436 | b |
The district court correctly found that Angel had previously presented the instant claims in another action, Angel v. Balaam, No. CV-N-04-0394-ECR-RAM, which it dismissed for failure to state a claim. Accordingly, the district court properly dismissed this action, because it is barred by res judicata. | {
"signal": "see also",
"identifier": "430 F.3d 985, 987",
"parenthetical": "doctrine of res judicata serves to bar a claim where there is an identity of claims, a final judgment on the merits and an identity of parties",
"sentence": "See Franklin v. Murphy, 745 F.2d 1221, 1230 (9th Cir.1984) (action barred by ... | {
"signal": "see",
"identifier": "745 F.2d 1221, 1230",
"parenthetical": "action barred by res judicata can be dismissed as frivolous under 28 U.S.C. SS 1915",
"sentence": "See Franklin v. Murphy, 745 F.2d 1221, 1230 (9th Cir.1984) (action barred by res judicata can be dismissed as frivolous under 28 U.S.C. § 1... | 5,335,174 | b |
The district court correctly found that Angel had previously presented the instant claims in another action, Angel v. Balaam, No. CV-N-04-0394-ECR-RAM, which it dismissed for failure to state a claim. Accordingly, the district court properly dismissed this action, because it is barred by res judicata. | {
"signal": "see also",
"identifier": "297 F.3d 953, 957",
"parenthetical": "dismissal for failure to state a claim is a \"judgment on the merits\" to which res judicata applies",
"sentence": "See Franklin v. Murphy, 745 F.2d 1221, 1230 (9th Cir.1984) (action barred by res judicata can be dismissed as frivolous... | {
"signal": "see",
"identifier": "745 F.2d 1221, 1230",
"parenthetical": "action barred by res judicata can be dismissed as frivolous under 28 U.S.C. SS 1915",
"sentence": "See Franklin v. Murphy, 745 F.2d 1221, 1230 (9th Cir.1984) (action barred by res judicata can be dismissed as frivolous under 28 U.S.C. § 1... | 5,335,174 | b |
Indeed, the gravamen of Barnes's testimony was not that he was incapable of "knowing" conduct, but rather that he had no memory of what occurred. Memory loss alone, however, is not inconsistent with ability to form criminal mens rea. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"It is one thing to say a person acted involuntarily, and quite another to say that the person has no memory of the event.\"",
"sentence": "See, e.g., Vickers v. State, 653 N.E.2d 110 (Ind.Ct.App.1995) (in prosecution for resisting law enforcement, defen... | {
"signal": "see",
"identifier": null,
"parenthetical": "in prosecution for resisting law enforcement, defendant claimed to remember very little of the pursuit due to intoxication",
"sentence": "See, e.g., Vickers v. State, 653 N.E.2d 110 (Ind.Ct.App.1995) (in prosecution for resisting law enforcement, defendan... | 11,824,797 | b |
Even taken in the light most favorable to Plaintiff, the summary judgment evidence does not establish a genuine issue of material fact that it was reasonably clear the additional repairs were covered under the Policy and that Defendant did not have a reasonable basis for delaying or denying payment. | {
"signal": "see",
"identifier": "950 S.W.2d 54, 54-55",
"parenthetical": "for bad faith claim, insured must establish that insurer failed to settle the claim even though it \"knew or should have known that it was reasonably clear that the claim was covered.\"",
"sentence": "See Giles, 950 S.W.2d at 54-55 (for ... | {
"signal": "see also",
"identifier": "788 S.W.2d 567, 567",
"parenthetical": "to determine reasonableness of insurer's decision, court looks to facts insurer had at time it denied claim",
"sentence": "See Giles, 950 S.W.2d at 54-55 (for bad faith claim, insured must establish that insurer failed to settle the ... | 12,271,670 | a |
. AVRS does not qualify for the exemption from liability provided by 17 U.S.C. SS 109(a), which allows the lawful owner of a copy of a copyrighted work to sell the copy. AVRS did not purchase from LANS the copies of the tapes AVRS sold, and the television stations that broadcast the tapes were only licensed to use them... | {
"signal": "see",
"identifier": null,
"parenthetical": "for purposes of 17 U.S.C. SS 109, the defendant video news monitoring service \"cannot be considered a newspaper clipping service because it-does not purchase the copy that it sells to its clients\"",
"sentence": "See 17 U.S.C. § 109(d) (privilege of sell... | {
"signal": "see also",
"identifier": "550 F.2d 1180, 1190-91",
"parenthetical": "for purposes of 17 U.S.C. SS 27, predecessor to 17 U.S.C. SS 109, theaters granted license to exhibit films did not own the films and so could not lawfully have sold them",
"sentence": "See 17 U.S.C. § 109(d) (privilege of selling... | 10,517,563 | a |
Further, as the district court explained, any alleged infirmities in Bobo's testimony about the materials supplied or the amounts due are immaterial in light of the undisputed state court final judgment against Clinecrete. Once Plaintiff Lafarge produced that state court judgment, the burden shifted to the Defendants t... | {
"signal": "no signal",
"identifier": "189 Ga.App. 450, 450",
"parenthetical": "concluding that owner's cross-examination of materialman's general manager established that the underlying judgment against the subcontractor corporation was incorrect because the account was opened in the name of two individuals rat... | {
"signal": "see also",
"identifier": "220 Ga.App. 891, 393",
"parenthetical": "concluding that, under Tri-State Culvert, ma-terialman's default judgment operated as an admission of the truth of the allegation that the materialman completed the work and therefore the materialman was enti- tied to summary judgment... | 4,147,891 | a |
Further, as the district court explained, any alleged infirmities in Bobo's testimony about the materials supplied or the amounts due are immaterial in light of the undisputed state court final judgment against Clinecrete. Once Plaintiff Lafarge produced that state court judgment, the burden shifted to the Defendants t... | {
"signal": "no signal",
"identifier": "189 Ga.App. 450, 450",
"parenthetical": "concluding that owner's cross-examination of materialman's general manager established that the underlying judgment against the subcontractor corporation was incorrect because the account was opened in the name of two individuals rat... | {
"signal": "see also",
"identifier": "469 S.E.2d 469, 472",
"parenthetical": "concluding that, under Tri-State Culvert, ma-terialman's default judgment operated as an admission of the truth of the allegation that the materialman completed the work and therefore the materialman was enti- tied to summary judgment ... | 4,147,891 | a |
Further, as the district court explained, any alleged infirmities in Bobo's testimony about the materials supplied or the amounts due are immaterial in light of the undisputed state court final judgment against Clinecrete. Once Plaintiff Lafarge produced that state court judgment, the burden shifted to the Defendants t... | {
"signal": "no signal",
"identifier": "228 S.E.2d 405, 405-06",
"parenthetical": "concluding that owner's cross-examination of materialman's general manager established that the underlying judgment against the subcontractor corporation was incorrect because the account was opened in the name of two individuals r... | {
"signal": "see also",
"identifier": "220 Ga.App. 891, 393",
"parenthetical": "concluding that, under Tri-State Culvert, ma-terialman's default judgment operated as an admission of the truth of the allegation that the materialman completed the work and therefore the materialman was enti- tied to summary judgment... | 4,147,891 | a |
Further, as the district court explained, any alleged infirmities in Bobo's testimony about the materials supplied or the amounts due are immaterial in light of the undisputed state court final judgment against Clinecrete. Once Plaintiff Lafarge produced that state court judgment, the burden shifted to the Defendants t... | {
"signal": "see also",
"identifier": "469 S.E.2d 469, 472",
"parenthetical": "concluding that, under Tri-State Culvert, ma-terialman's default judgment operated as an admission of the truth of the allegation that the materialman completed the work and therefore the materialman was enti- tied to summary judgment ... | {
"signal": "no signal",
"identifier": "228 S.E.2d 405, 405-06",
"parenthetical": "concluding that owner's cross-examination of materialman's general manager established that the underlying judgment against the subcontractor corporation was incorrect because the account was opened in the name of two individuals r... | 4,147,891 | b |
However, there still exists, in cases like this where a defendant is represented by counsel during trial, a rebuttable presumption that this counsel continued to adequately represent the defendant during this critical stage. Even when a defendant can rebut this presumption with evidence that he was deprived of adequate... | {
"signal": "but cf.",
"identifier": "28 S.W.3d 120, 120",
"parenthetical": "suggesting that prejudice should be presumed when a defendant is without counsel during the entire 30-day period for filing motion for new trial, but deciding that, even if prejudice is not presumed, the deprivation of counsel during ent... | {
"signal": "see",
"identifier": "486 U.S. 249, 257",
"parenthetical": "deprivation of right to counsel subject to harmless error analysis when this deprivation did not contaminate \"the entire criminal proceeding\"",
"sentence": "See Satterwhite v. Texas, 486 U.S. 249, 257, 108 5.Ct. 1792, 100 L.Ed.2d 284 (198... | 8,364,035 | b |
However, there still exists, in cases like this where a defendant is represented by counsel during trial, a rebuttable presumption that this counsel continued to adequately represent the defendant during this critical stage. Even when a defendant can rebut this presumption with evidence that he was deprived of adequate... | {
"signal": "but cf.",
"identifier": "28 S.W.3d 120, 120",
"parenthetical": "suggesting that prejudice should be presumed when a defendant is without counsel during the entire 30-day period for filing motion for new trial, but deciding that, even if prejudice is not presumed, the deprivation of counsel during ent... | {
"signal": "see",
"identifier": null,
"parenthetical": "deprivation of right to counsel subject to harmless error analysis when this deprivation did not contaminate \"the entire criminal proceeding\"",
"sentence": "See Satterwhite v. Texas, 486 U.S. 249, 257, 108 5.Ct. 1792, 100 L.Ed.2d 284 (1988) (deprivation... | 8,364,035 | b |
However, there still exists, in cases like this where a defendant is represented by counsel during trial, a rebuttable presumption that this counsel continued to adequately represent the defendant during this critical stage. Even when a defendant can rebut this presumption with evidence that he was deprived of adequate... | {
"signal": "but cf.",
"identifier": "28 S.W.3d 120, 120",
"parenthetical": "suggesting that prejudice should be presumed when a defendant is without counsel during the entire 30-day period for filing motion for new trial, but deciding that, even if prejudice is not presumed, the deprivation of counsel during ent... | {
"signal": "see",
"identifier": "8 S.W.3d 737, 737",
"parenthetical": "denial of counsel during 30-day period for filing motion for new trial is not structural error and is, therefore, subject to \"harmless beyond reasonable doubt\" standard",
"sentence": "See Satterwhite v. Texas, 486 U.S. 249, 257, 108 5.Ct.... | 8,364,035 | b |
Identification of photos of a defendant as mug shots has resulted in reversal of convictions on appeal because they imply a criminal history. On the other hand, reference to identifying photographs as mug shots also has been deemed to be harmless error. | {
"signal": "see",
"identifier": "226 N.J.Super. 416, 425-26",
"parenthetical": "although reference to defendant's mug shots suggested defendant's prior involvement in criminal activity, it was not reversible error because references were \"fleeting\" and trial court gave a curative instruction",
"sentence": "S... | {
"signal": "cf.",
"identifier": "25 N.J. 104, 115-16",
"parenthetical": "police testimony referring to photo of defendant as coming from \"our gallery\" did not require mistrial",
"sentence": "See State v. Porambo, 226 N.J.Super. 416, 425-26, 544 A.2d 870 (App.Div.1988) (although reference to defendant’s mug s... | 445,164 | a |
Identification of photos of a defendant as mug shots has resulted in reversal of convictions on appeal because they imply a criminal history. On the other hand, reference to identifying photographs as mug shots also has been deemed to be harmless error. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "police testimony referring to photo of defendant as coming from \"our gallery\" did not require mistrial",
"sentence": "See State v. Porambo, 226 N.J.Super. 416, 425-26, 544 A.2d 870 (App.Div.1988) (although reference to defendant’s mug shots suggested de... | {
"signal": "see",
"identifier": "226 N.J.Super. 416, 425-26",
"parenthetical": "although reference to defendant's mug shots suggested defendant's prior involvement in criminal activity, it was not reversible error because references were \"fleeting\" and trial court gave a curative instruction",
"sentence": "S... | 445,164 | b |
Identification of photos of a defendant as mug shots has resulted in reversal of convictions on appeal because they imply a criminal history. On the other hand, reference to identifying photographs as mug shots also has been deemed to be harmless error. | {
"signal": "cf.",
"identifier": "25 N.J. 104, 115-16",
"parenthetical": "police testimony referring to photo of defendant as coming from \"our gallery\" did not require mistrial",
"sentence": "See State v. Porambo, 226 N.J.Super. 416, 425-26, 544 A.2d 870 (App.Div.1988) (although reference to defendant’s mug s... | {
"signal": "see",
"identifier": null,
"parenthetical": "although reference to defendant's mug shots suggested defendant's prior involvement in criminal activity, it was not reversible error because references were \"fleeting\" and trial court gave a curative instruction",
"sentence": "See State v. Porambo, 226... | 445,164 | b |
Identification of photos of a defendant as mug shots has resulted in reversal of convictions on appeal because they imply a criminal history. On the other hand, reference to identifying photographs as mug shots also has been deemed to be harmless error. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "police testimony referring to photo of defendant as coming from \"our gallery\" did not require mistrial",
"sentence": "See State v. Porambo, 226 N.J.Super. 416, 425-26, 544 A.2d 870 (App.Div.1988) (although reference to defendant’s mug shots suggested de... | {
"signal": "see",
"identifier": null,
"parenthetical": "although reference to defendant's mug shots suggested defendant's prior involvement in criminal activity, it was not reversible error because references were \"fleeting\" and trial court gave a curative instruction",
"sentence": "See State v. Porambo, 226... | 445,164 | b |
Some categories of speech are unprotected by the First Amendment, and the government may permissibly regulate speech that falls within these categories. One such category is "true threats." | {
"signal": "no signal",
"identifier": "315 U.S. 568, 571-72",
"parenthetical": "identifying several types of statements that have \"never been thought to raise any Constitutional problem\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 ... | {
"signal": "see also",
"identifier": "871 P.2d 1193, 1193",
"parenthetical": "person \"has no constitutionally protected right to make threats of violence to a public servant\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 S.Ct. 766, 7... | 8,364,376 | a |
Some categories of speech are unprotected by the First Amendment, and the government may permissibly regulate speech that falls within these categories. One such category is "true threats." | {
"signal": "no signal",
"identifier": "62 S.Ct. 766, 769",
"parenthetical": "identifying several types of statements that have \"never been thought to raise any Constitutional problem\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 S.C... | {
"signal": "see also",
"identifier": "871 P.2d 1193, 1193",
"parenthetical": "person \"has no constitutionally protected right to make threats of violence to a public servant\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 S.Ct. 766, 7... | 8,364,376 | a |
Some categories of speech are unprotected by the First Amendment, and the government may permissibly regulate speech that falls within these categories. One such category is "true threats." | {
"signal": "see also",
"identifier": "871 P.2d 1193, 1193",
"parenthetical": "person \"has no constitutionally protected right to make threats of violence to a public servant\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 S.Ct. 766, 7... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "identifying several types of statements that have \"never been thought to raise any Constitutional problem\"",
"sentence": "Black, supra, 538 U.S. at 359, 123 S.Ct. at 1547-48; Chaplinsky v. New Hampshire, 315 U.S. 568, 571-72, 62 S.Ct. 766, 769, 86... | 8,364,376 | b |
Given the brevity of the closure and the nature of Martinez's testimony, the state court's determination that the prosecutor met his burden was not an unreasonable application of Waller. That Martinez had worked in the same area as a uniformed policeman prior to going undercover, putting him at risk regardless of the c... | {
"signal": "see also",
"identifier": "142 F.3d 538, 538",
"parenthetical": "where closure was brief and testimony was corroborative, \"limited likelihood that undercover officer's safety would be prejudiced ... had sufficient weight in the balance\"",
"sentence": "See Brown v. Artuz, 283 F.3d 492, 501-02 (2d C... | {
"signal": "see",
"identifier": "283 F.3d 492, 501-02",
"parenthetical": "despite officer's dual status as both a non-undercover arresting investigator and an undercover in certain areas, closure did not involve an unreasonable application of Waller",
"sentence": "See Brown v. Artuz, 283 F.3d 492, 501-02 (2d C... | 3,659,486 | b |
The primary purpose of the termination provision is to ensure that' "the other party" to the agreement receives the notice of termination in a timely fashion. Actual notice that is timely achieves that purpose. | {
"signal": "see also",
"identifier": "197 F.3d 22, 22",
"parenthetical": "finding termination notice valid although party failed to strictly comply with notice provision because that provision did not \"itself, confer any benefit upon either party\" and was \"merely a collateral term intended to enhance the prob... | {
"signal": "see",
"identifier": "678 F.3d 115, 123",
"parenthetical": "\"[Sjtrict conformity with a contract's written notice provision is not required as long as the counterparty receives substantially the same information through timely actual notice and suffers no prejudice from the non-conformity.\" (emphasi... | 4,288,462 | b |
Thus, despite three opportunities to assert procedural default -- before the Indiana Supreme Court, the district court, and this court -- -the State has never done so. The State's silence is significant because by failing to object to Canaan's claim on procedural default grounds, the State has waived (or, more properly... | {
"signal": "cf.",
"identifier": "118 F.3d 535, 540",
"parenthetical": "refusing to find waiver of waiver by the State where it presented its procedural default argument for the first time on appeal to this court",
"sentence": "See Gregory-Bey v. Hanks, 332 F.3d 1036, 1043 (7th Cir.2003) (“As a procedural defau... | {
"signal": "see",
"identifier": "332 F.3d 1036, 1043",
"parenthetical": "\"As a procedural default is not jurisdictional, any argument that [a habeas petitioner] has defaulted his ... claim can be waived by the government.\"",
"sentence": "See Gregory-Bey v. Hanks, 332 F.3d 1036, 1043 (7th Cir.2003) (“As a pro... | 9,168,618 | b |
Thus, despite three opportunities to assert procedural default -- before the Indiana Supreme Court, the district court, and this court -- -the State has never done so. The State's silence is significant because by failing to object to Canaan's claim on procedural default grounds, the State has waived (or, more properly... | {
"signal": "cf.",
"identifier": "118 F.3d 535, 540",
"parenthetical": "refusing to find waiver of waiver by the State where it presented its procedural default argument for the first time on appeal to this court",
"sentence": "See Gregory-Bey v. Hanks, 332 F.3d 1036, 1043 (7th Cir.2003) (“As a procedural defau... | {
"signal": "see",
"identifier": "200 F.3d 995, 997",
"parenthetical": "finding \"waiver of waiver, now a well-established doctrine,\" where the State failed to object to a habe-as petitioner's failure to seek state supreme court review in his direct appeal and post-conviction proceedings",
"sentence": "See Gre... | 9,168,618 | b |
This Court's initial inquiry as to each count of the complaint, therefore, is whether Plaintiff has "alleged the deprivation of a right that either federal law or the Constitution protects." A violation of state law does not, in itself, give rise to a SS 1983 claim. | {
"signal": "see",
"identifier": "821 F.2d 913, 922",
"parenthetical": "violation of state law neither gives plaintiff a Section 1983 claim nor deprives defendants of the defense of qualified immunity",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.1987) (violation of state law neither gives... | {
"signal": "see also",
"identifier": null,
"parenthetical": "an official does not lose qualified immunity if her conduct violated clearly established state law where the conduct did not violate clearly established federally protected rights",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.19... | 3,694,692 | a |
This Court's initial inquiry as to each count of the complaint, therefore, is whether Plaintiff has "alleged the deprivation of a right that either federal law or the Constitution protects." A violation of state law does not, in itself, give rise to a SS 1983 claim. | {
"signal": "see",
"identifier": "821 F.2d 913, 922",
"parenthetical": "violation of state law neither gives plaintiff a Section 1983 claim nor deprives defendants of the defense of qualified immunity",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.1987) (violation of state law neither gives... | {
"signal": "see also",
"identifier": null,
"parenthetical": "an official does not lose qualified immunity if her conduct violated clearly established state law where the conduct did not violate clearly established federally protected rights",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.19... | 3,694,692 | a |
This Court's initial inquiry as to each count of the complaint, therefore, is whether Plaintiff has "alleged the deprivation of a right that either federal law or the Constitution protects." A violation of state law does not, in itself, give rise to a SS 1983 claim. | {
"signal": "see also",
"identifier": null,
"parenthetical": "an official does not lose qualified immunity if her conduct violated clearly established state law where the conduct did not violate clearly established federally protected rights",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.19... | {
"signal": "see",
"identifier": "821 F.2d 913, 922",
"parenthetical": "violation of state law neither gives plaintiff a Section 1983 claim nor deprives defendants of the defense of qualified immunity",
"sentence": "See, e.g., Robison v. Via, 821 F.2d 913, 922 (2d Cir.1987) (violation of state law neither gives... | 3,694,692 | b |
Other states in which the right to bear arms is recognized as a "fundamental" right under their state constitutions analyze restrictions on that right under the Robertson "reasonable exercise of ' police power" test. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Clourts have uniformly upheld the police power of the state through its legislature to impose reasonable regulatory control over the state constitutional right to bear arms in order to promote the safety and welfare of its citizens.\"",
"sentence"... | {
"signal": "see",
"identifier": "851 A.2d 1031, 1044-45",
"parenthetical": "\"Even in jurisdictions that have declared the right to keep and bear arms to be a fundamental constitutional right, a strict scrutiny analysis has ' been rejected in favor of a reasonableness test - 'the proper question is whether the s... | 6,804,454 | b |
Other states in which the right to bear arms is recognized as a "fundamental" right under their state constitutions analyze restrictions on that right under the Robertson "reasonable exercise of ' police power" test. | {
"signal": "see also",
"identifier": "448 N.W.2d 595, 597",
"parenthetical": "\"[Clourts have uniformly upheld the police power of the state through its legislature to impose reasonable regulatory control over the state constitutional right to bear arms in order to promote the safety and welfare of its citizens.... | {
"signal": "see",
"identifier": "851 A.2d 1031, 1044-45",
"parenthetical": "\"Even in jurisdictions that have declared the right to keep and bear arms to be a fundamental constitutional right, a strict scrutiny analysis has ' been rejected in favor of a reasonableness test - 'the proper question is whether the s... | 6,804,454 | b |
Other states in which the right to bear arms is recognized as a "fundamental" right under their state constitutions analyze restrictions on that right under the Robertson "reasonable exercise of ' police power" test. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Clourts have uniformly upheld the police power of the state through its legislature to impose reasonable regulatory control over the state constitutional right to bear arms in order to promote the safety and welfare of its citizens.\"",
"sentence"... | {
"signal": "see",
"identifier": "665 N.W.2d 337, 337",
"parenthetical": "\"Even in jurisdictions that have declared the right to keep and bear arms to be a fundamental constitutional right, a strict scrutiny analysis has ' been rejected in favor of a reasonableness test - 'the proper question is whether the stat... | 6,804,454 | b |
Other states in which the right to bear arms is recognized as a "fundamental" right under their state constitutions analyze restrictions on that right under the Robertson "reasonable exercise of ' police power" test. | {
"signal": "see",
"identifier": "665 N.W.2d 337, 337",
"parenthetical": "\"Even in jurisdictions that have declared the right to keep and bear arms to be a fundamental constitutional right, a strict scrutiny analysis has ' been rejected in favor of a reasonableness test - 'the proper question is whether the stat... | {
"signal": "see also",
"identifier": "448 N.W.2d 595, 597",
"parenthetical": "\"[Clourts have uniformly upheld the police power of the state through its legislature to impose reasonable regulatory control over the state constitutional right to bear arms in order to promote the safety and welfare of its citizens.... | 6,804,454 | a |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | {
"signal": "see also",
"identifier": "127 S.Ct. 2456, 2465-66",
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 ... | 4,244,349 | a |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": "530 F.3d 300, 312",
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Gui... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Guidelines that re... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see",
"identifier": "543 U.S. 232, 232-44",
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee o... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Guidelines that re... | 4,244,349 | a |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": "127 S.Ct. 2456, 2465-66",
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that its \"Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S... | 4,244,349 | a |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": "530 F.3d 300, 312",
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Gui... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | 4,244,349 | b |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Guidelines that re... | 4,244,349 | a |
We conclude that Williams' Sixth Amendment rights were not violated because the district court enhanced Williams' Guidelines range based on facts found by it under a preponderance of the evidence standard. Because the district court appropriately treated the resultant Guidelines range as merely advisory, and since Will... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing only that \"the Guidelines must be advisory, not that judges may find no facts\"",
"sentence": "See Booker, 543 U.S. at 232-44, 125 S.Ct. 738 (holding that judge found sentence enhancements mandatorily imposed under the Guidelines that re... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that judge found sentence enhancements mandatorily imposed under the Guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the Sixth Amendment's guarantee of the right to tri... | 4,244,349 | b |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see also",
"identifier": "48 Wn. App. 831, 834",
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of docu... | {
"signal": "see",
"identifier": "73 Wn. App. 165, 169",
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry it... | 11,976,829 | b |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | {
"signal": "see",
"identifier": "73 Wn. App. 165, 169",
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry it... | 11,976,829 | b |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see",
"identifier": "73 Wn. App. 165, 169",
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry it... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | 11,976,829 | a |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see",
"identifier": "73 Wn. App. 165, 169",
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry it... | {
"signal": "see also",
"identifier": null,
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of documents purporting t... | 11,976,829 | a |
Because the record is devoid of the underlying facts upon which Roche's California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche's criminal history unless, on remand, the State can establish t... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that where the defendant challenges the use of documents purporting to establish the Washington classification of an out-of-state conviction, the State must present additional evidence of the proper classification so as to carry its burden of provin... | {
"signal": "see also",
"identifier": "48 Wn. App. 831, 834",
"parenthetical": "the State must establish the defendant's criminal history by a preponderance of the evidence",
"sentence": "See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (holding that where the defendant challenges the use of docu... | 11,976,829 | a |
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