context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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In order to meet the third prong of a prima facie case, a showing of facts and circumstances raising an inference of discrimination is required, and raw data alone is often not enough. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting a claim of gender discrimination in use of peremptory strikes when the defendant provided only \"raw figures\" that eight out of twenty women were peremptorily struck by the government while only two out of twenty-one men were struck",
"sentence... | {
"signal": "but see",
"identifier": null,
"parenthetical": "\"[T]he statistical evidence alone raises some debate as to whether the prosecution acted with a race-based reason when striking prospective jurors.\"",
"sentence": "But see Miller-El v. Cockrell, 537 U.S. 322, 342, 123 S.Ct. 1029, 154 L.Ed.2d 931 (20... | 12,269,928 | a |
In order to meet the third prong of a prima facie case, a showing of facts and circumstances raising an inference of discrimination is required, and raw data alone is often not enough. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting a claim of gender discrimination in use of peremptory strikes when the defendant provided only \"raw figures\" that eight out of twenty women were peremptorily struck by the government while only two out of twenty-one men were struck",
"sentence... | {
"signal": "but see",
"identifier": null,
"parenthetical": "\"[T]he statistical evidence alone raises some debate as to whether the prosecution acted with a race-based reason when striking prospective jurors.\"",
"sentence": "But see Miller-El v. Cockrell, 537 U.S. 322, 342, 123 S.Ct. 1029, 154 L.Ed.2d 931 (20... | 12,269,928 | a |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see also",
"identifier": "447 U.S. 625, 627",
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a j... | {
"signal": "see",
"identifier": "501 U.S. 624, 647-48",
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115... | 4,201,618 | b |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | {
"signal": "see",
"identifier": "501 U.S. 624, 647-48",
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115... | 4,201,618 | b |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | {
"signal": "see",
"identifier": "501 U.S. 624, 647-48",
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115... | 4,201,618 | b |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | {
"signal": "see also",
"identifier": "447 U.S. 625, 627",
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a j... | 4,201,618 | a |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | 4,201,618 | a |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | 4,201,618 | a |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see also",
"identifier": "447 U.S. 625, 627",
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a j... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | 4,201,618 | b |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | 4,201,618 | a |
(Vol. 8 at 1932-33 requesting instructions under OUJI-CR 449, 450 & 451.) The trial court declined the instructions, finding insufficient evidence to support a verdict of second-degree murder. On direct appeal to the OCCA, Welch argued the trial court committed constitutional error in failing to instruct on this lesser... | {
"signal": "see",
"identifier": null,
"parenthetical": "while a jury need not be instructed on every lesser-included offense that may be supported, the jury must not be faced with an all (death) or nothing approach",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991... | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury must be permitted to consider a lesser included non-capital offense when the evidence would have supported such a verdict",
"sentence": "See Schad v. Arizona, 501 U.S. 624, 647-48, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991) (while a jury need not be... | 4,201,618 | a |
The statement merely describes the parties' expectations of the purpose of the loan. This statement does not oblige Park Avenue Bank to assure the proper use of the funds. | {
"signal": "see",
"identifier": "655 F.2d 743, 746-47",
"parenthetical": "leases clearly manifested bank's obligation to make payments for purchase of broadcasting equipment",
"sentence": "See Howell v. Cont’l Credit Corp., 655 F.2d 743, 746-47 (7th Cir.1981) (leases clearly manifested bank’s obligation to mak... | {
"signal": "no signal",
"identifier": "880 F.2d 1275, 1275-76",
"parenthetical": "bank record evidencing obligation to provide additional loan was not sufficient to show agreement to fund entire project",
"sentence": "Two Rivers Assocs., 880 F.2d at 1275-76 (bank record evidencing obligation to provide additio... | 3,816,848 | b |
The statement merely describes the parties' expectations of the purpose of the loan. This statement does not oblige Park Avenue Bank to assure the proper use of the funds. | {
"signal": "see",
"identifier": "655 F.2d 743, 746-47",
"parenthetical": "leases clearly manifested bank's obligation to make payments for purchase of broadcasting equipment",
"sentence": "See Howell v. Cont’l Credit Corp., 655 F.2d 743, 746-47 (7th Cir.1981) (leases clearly manifested bank’s obligation to mak... | {
"signal": "no signal",
"identifier": "911 F.2d 601, 601",
"parenthetical": "memorandum and letters in bank files referencing alterations to mortgage were insufficient evidence of bank's obligation to transfer property or oil leases to borrower",
"sentence": "Two Rivers Assocs., 880 F.2d at 1275-76 (bank recor... | 3,816,848 | b |
Some of our sister circuits appear to have recognized an innocent possession defense; however, we can find no case in which a circuit has squarely applied the innocent possession defense to a SS 922(g)(1) charge, where the elements of a justification defense are not present. | {
"signal": "see",
"identifier": null,
"parenthetical": "declining to address whether the defense was available because defense counsel failed to seek a proper instruction on the innocent possession theory, but noting that its case law did not foreclose such a defense",
"sentence": "See United States v. Ali, 63... | {
"signal": "cf.",
"identifier": "923 F.2d 1193, 1198",
"parenthetical": "recognizing an \"innocent possession defense,\" though the defense in that case is more properly considered a \"justification defense\" as life and limb were arguably at stake",
"sentence": "See United States v. Ali, 63 F.3d 710, 716 n. 7... | 3,676,023 | a |
Some of our sister circuits appear to have recognized an innocent possession defense; however, we can find no case in which a circuit has squarely applied the innocent possession defense to a SS 922(g)(1) charge, where the elements of a justification defense are not present. | {
"signal": "see",
"identifier": "16 F.3d 733, 738",
"parenthetical": "concluding that although the innocent possession defense presented a \"novel issue,\" it need not decide the issue because the evidence did not support the defense",
"sentence": "See United States v. Ali, 63 F.3d 710, 716 n. 7 (8th Cir.1995)... | {
"signal": "cf.",
"identifier": "923 F.2d 1193, 1198",
"parenthetical": "recognizing an \"innocent possession defense,\" though the defense in that case is more properly considered a \"justification defense\" as life and limb were arguably at stake",
"sentence": "See United States v. Ali, 63 F.3d 710, 716 n. 7... | 3,676,023 | a |
Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the co... | {
"signal": "see also",
"identifier": "851 F.2d 547, 556",
"parenthetical": "severance was denied where evidence regarding each defendant \"was adequately straightforward that the jury could consider it without any significant spillover effect.\"",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 81-82 (S... | {
"signal": "no signal",
"identifier": "203 F.Supp. 78, 81-82",
"parenthetical": "if jury can \"collate and appraise independent evidence against each defendant solely upon the defendant's own acts\" and render a fair verdict as to each defendant, severance is unnecessary",
"sentence": "United States v. Kahaner... | 3,636,942 | b |
Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the co... | {
"signal": "see also",
"identifier": "851 F.2d 547, 556",
"parenthetical": "severance was denied where evidence regarding each defendant \"was adequately straightforward that the jury could consider it without any significant spillover effect.\"",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 81-82 (S... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if jury can \"collate and appraise independent evidence against each defendant solely upon the defendant's own acts\" and render a fair verdict as to each defendant, severance is unnecessary",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 8... | 3,636,942 | b |
Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the co... | {
"signal": "see also",
"identifier": "851 F.2d 547, 556",
"parenthetical": "severance was denied where evidence regarding each defendant \"was adequately straightforward that the jury could consider it without any significant spillover effect.\"",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 81-82 (S... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if jury can \"collate and appraise independent evidence against each defendant solely upon the defendant's own acts\" and render a fair verdict as to each defendant, severance is unnecessary",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 8... | 3,636,942 | b |
Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the co... | {
"signal": "no signal",
"identifier": "84 S.Ct. 73, 74",
"parenthetical": "if jury can \"collate and appraise independent evidence against each defendant solely upon the defendant's own acts\" and render a fair verdict as to each defendant, severance is unnecessary",
"sentence": "United States v. Kahaner, 203 ... | {
"signal": "see also",
"identifier": "851 F.2d 547, 556",
"parenthetical": "severance was denied where evidence regarding each defendant \"was adequately straightforward that the jury could consider it without any significant spillover effect.\"",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 81-82 (S... | 3,636,942 | a |
Defendants' argument that they will be unduly prejudiced because of the extensive alleged culpability of some of their co-Defendants, in comparison to the asserted lesser degree of their asserted individual involvements in the alleged conspiracy, does not require granting said Defendants a separate trial because the co... | {
"signal": "see also",
"identifier": "851 F.2d 547, 556",
"parenthetical": "severance was denied where evidence regarding each defendant \"was adequately straightforward that the jury could consider it without any significant spillover effect.\"",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 81-82 (S... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if jury can \"collate and appraise independent evidence against each defendant solely upon the defendant's own acts\" and render a fair verdict as to each defendant, severance is unnecessary",
"sentence": "United States v. Kahaner, 203 F.Supp. 78, 8... | 3,636,942 | b |
The VA's tragic decision to expel Mr. DeJesus "[w]ithout a doubt ... [took] someone who [was] already in crisis and ... compounded] that crisis many fold because ... now that [the VA was] throwing him out of the sanctuary where he [had] been for over a year." (1.140). Thus, the VAMC's multiple breaches and its insisten... | {
"signal": "see also",
"identifier": "525 Pa. 70, 78",
"parenthetical": "causation established when hospital improperly discharged a mutual patient who shot three people a week after his discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when h... | {
"signal": "see",
"identifier": null,
"parenthetical": "causation established when hospital \"prematurely\" discharged mental patient who shot another some six weeks after discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when hospital “premat... | 8,932,665 | b |
The VA's tragic decision to expel Mr. DeJesus "[w]ithout a doubt ... [took] someone who [was] already in crisis and ... compounded] that crisis many fold because ... now that [the VA was] throwing him out of the sanctuary where he [had] been for over a year." (1.140). Thus, the VAMC's multiple breaches and its insisten... | {
"signal": "see",
"identifier": null,
"parenthetical": "causation established when hospital \"prematurely\" discharged mental patient who shot another some six weeks after discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when hospital “premat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "causation established when hospital improperly discharged a mutual patient who shot three people a week after his discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when hospital “pre... | 8,932,665 | a |
The VA's tragic decision to expel Mr. DeJesus "[w]ithout a doubt ... [took] someone who [was] already in crisis and ... compounded] that crisis many fold because ... now that [the VA was] throwing him out of the sanctuary where he [had] been for over a year." (1.140). Thus, the VAMC's multiple breaches and its insisten... | {
"signal": "see",
"identifier": "614 A.2d 226, 232",
"parenthetical": "causation established when hospital \"prematurely\" discharged mental patient who shot another some six weeks after discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when h... | {
"signal": "see also",
"identifier": "525 Pa. 70, 78",
"parenthetical": "causation established when hospital improperly discharged a mutual patient who shot three people a week after his discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when h... | 8,932,665 | a |
The VA's tragic decision to expel Mr. DeJesus "[w]ithout a doubt ... [took] someone who [was] already in crisis and ... compounded] that crisis many fold because ... now that [the VA was] throwing him out of the sanctuary where he [had] been for over a year." (1.140). Thus, the VAMC's multiple breaches and its insisten... | {
"signal": "see also",
"identifier": null,
"parenthetical": "causation established when hospital improperly discharged a mutual patient who shot three people a week after his discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when hospital “pre... | {
"signal": "see",
"identifier": "614 A.2d 226, 232",
"parenthetical": "causation established when hospital \"prematurely\" discharged mental patient who shot another some six weeks after discharge",
"sentence": "See Sherk v. County of Dauphin, 531 Pa. 515, 614 A.2d 226, 232 (1992) (causation established when h... | 8,932,665 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": "418 U.S. 117, 117",
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient... | {
"signal": "no signal",
"identifier": "418 U.S. 87, 117",
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient th... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indict... | {
"signal": "no signal",
"identifier": "418 U.S. 87, 117",
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient th... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": "982 F.2d 173, 176",
"parenthetical": "\"An indictment will usually be sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense.\"",
"sentence": "Hamling v. United States, 418... | {
"signal": "no signal",
"identifier": "418 U.S. 87, 117",
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient th... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": "418 U.S. 117, 117",
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indict... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | {
"signal": "cf.",
"identifier": "982 F.2d 173, 176",
"parenthetical": "\"An indictment will usually be sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense.\"",
"sentence": "Hamling v. United States, 418... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | {
"signal": "cf.",
"identifier": "418 U.S. 117, 117",
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indict... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"It is generally sufficient that an indictment set forth the offense in the words of the statute itself.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictme... | {
"signal": "cf.",
"identifier": "982 F.2d 173, 176",
"parenthetical": "\"An indictment will usually be sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense.\"",
"sentence": "Hamling v. United States, 418... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": "25 U.S. 474, 474",
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974... | {
"signal": "cf.",
"identifier": "418 U.S. 117, 117",
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": "25 U.S. 474, 474",
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indict... | 4,249,927 | a |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": "982 F.2d 173, 176",
"parenthetical": "\"An indictment will usually be sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense.\"",
"sentence": "Hamling v. United States, 418... | {
"signal": "no signal",
"identifier": "25 U.S. 474, 474",
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": "418 U.S. 117, 117",
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is gene... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "clarifying that the general rule applies so long as the statutory language provides all the elements of the offense",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indict... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is gene... | 4,249,927 | b |
The general rule is that an indictment is sufficient if its language tracks the statute. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"In general, it may be said, that it is sufficient certainty in ... an indictment to allege the offence in the very terms of the statute.\"",
"sentence": "Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is gene... | {
"signal": "cf.",
"identifier": "982 F.2d 173, 176",
"parenthetical": "\"An indictment will usually be sufficient if it states the offense using the words of the statute itself, as long as the statute fully and unambiguously states all the elements of the offense.\"",
"sentence": "Hamling v. United States, 418... | 4,249,927 | a |
In our weighing the ordinance in this case and the Supreme Court's reasoning in upholding a similar ordinance, we conclude that the Federal rule does not adequately protect the rights of the citizens of Massachusetts under art. 16. Not surprisingly, other State Supreme Courts have come to the same conclusion. | {
"signal": "see",
"identifier": "571 Pa. 375, 394",
"parenthetical": "on remand from United States Supreme Court, Supreme Court of Pennsylvania held Erie ordinance invalid on State constitutional grounds",
"sentence": "See Pap’s A.M. v. Erie, 571 Pa. 375, 394 (2002) (on remand from United States Supreme Court,... | {
"signal": "see also",
"identifier": "54 N.Y.2d 228, 234-236",
"parenthetical": "on remand from United States Supreme Court, court held complete ban on topless dancing in establishments serving alcohol invalid on State constitutional grounds",
"sentence": "See also Mickens v. Kodiak, 640 P.2d 818, 821- 823 (Al... | 985,814 | a |
In our weighing the ordinance in this case and the Supreme Court's reasoning in upholding a similar ordinance, we conclude that the Federal rule does not adequately protect the rights of the citizens of Massachusetts under art. 16. Not surprisingly, other State Supreme Courts have come to the same conclusion. | {
"signal": "see also",
"identifier": null,
"parenthetical": "on remand from United States Supreme Court, court held complete ban on topless dancing in establishments serving alcohol invalid on State constitutional grounds",
"sentence": "See also Mickens v. Kodiak, 640 P.2d 818, 821- 823 (Alaska 1982) (citing C... | {
"signal": "see",
"identifier": "571 Pa. 375, 394",
"parenthetical": "on remand from United States Supreme Court, Supreme Court of Pennsylvania held Erie ordinance invalid on State constitutional grounds",
"sentence": "See Pap’s A.M. v. Erie, 571 Pa. 375, 394 (2002) (on remand from United States Supreme Court,... | 985,814 | b |
But the appropriate question is not whether the prosecutor had probable cause to believe Meza committed battery. When the defendants in a malicious prosecution action are police officers or complaining witnesses rather than prosecutors, the question is whether the defendants themselves had probable cause to believe the... | {
"signal": "see also",
"identifier": "599 F.3d 617, 626",
"parenthetical": "\"The fact that [Principal] Banks had probable cause to sign the criminal complaints for the Stokes' arrest means that defendants are also entitled to summary judgment on these supplemental state-law claims.\"",
"sentence": "See Gauger... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The existence of probable cause in a malicious-prosecution action is determined by looking to what the defendants knew at the time of subscribing a criminal complaint and not at the (earlier",
"sentence": "See Gauger v. Hendle, 352 Ill.Dec. 447, 954 N.E... | 4,346,225 | b |
But the appropriate question is not whether the prosecutor had probable cause to believe Meza committed battery. When the defendants in a malicious prosecution action are police officers or complaining witnesses rather than prosecutors, the question is whether the defendants themselves had probable cause to believe the... | {
"signal": "see also",
"identifier": "599 F.3d 617, 626",
"parenthetical": "\"The fact that [Principal] Banks had probable cause to sign the criminal complaints for the Stokes' arrest means that defendants are also entitled to summary judgment on these supplemental state-law claims.\"",
"sentence": "See Gauger... | {
"signal": "see",
"identifier": "954 N.E.2d 307, 329",
"parenthetical": "\"The existence of probable cause in a malicious-prosecution action is determined by looking to what the defendants knew at the time of subscribing a criminal complaint and not at the (earlier",
"sentence": "See Gauger v. Hendle, 352 Ill.... | 4,346,225 | b |
The fact that Plaintiff decided not to exhaust the available administrative remedies by appealing to the BCNR does not affect the court's jurisdiction. | {
"signal": "see",
"identifier": "333 F.3d 1295, 1304",
"parenthetical": "\"[T]he failure to seek relief from a correction board ... does not prevent the plaintiff from suing immediately[.]\"",
"sentence": "See Martinez v. United States, 333 F.3d 1295, 1304 (Fed.Cir.2003) (“[T]he failure to seek relief from a c... | {
"signal": "see also",
"identifier": "322 F.3d 1317, 1323",
"parenthetical": "\"An officer seeking correction of military records may either apply as an initial matter to a Corrections Board, or file suit under the Tucker Act in the [United States] Court of Federal Claims.\"",
"sentence": "See Martinez v. Unit... | 4,126,810 | a |
Accordingly, on this record, we cannot conclude that the alleged charge error affected the very basis of the case, deprived appellant of a valuable right, vitally affected appellant's defensive theory, or made a case for conviction clearly and significantly more persuasive. | {
"signal": "see",
"identifier": "783 S.W.2d 268, 268",
"parenthetical": "\"Where no defense is presented which would directly affect an assessment of mental culpability, there is no harm in submitting erroneous definitions of 'intentionally' and 'knowingly.' \"",
"sentence": "See Saldivar, 783 S.W.2d at 268 (“... | {
"signal": "see also",
"identifier": "229 S.W.3d 489, 494",
"parenthetical": "\"[T]he intent of Jones in touching B.S.S., while it was part of the State's required proof, was not a contested issue and consequently Jones could not be egregiously harmed by the definition of the intentional and knowing state of min... | 7,262,752 | a |
Enforcing an agreement, such as this one, that requires the parents to meet and agree after they already have demonstrated their inability to agree exposes the child to further discord and surrounds the child with an atmosphere of hostility and insecurity. | {
"signal": "cf.",
"identifier": "188 Colo. 423, 428",
"parenthetical": "statute awarding child rearing decisions to custodial parent has rational basis because it will avoid the \"constant buffeting of a child between two parents who disagree on the issues of the child's upbringing, including his education, heal... | {
"signal": "see",
"identifier": null,
"parenthetical": "agreement providing for choice of school by noncustodial parent deleted from separation agreement because it would lead to further parental conflict",
"sentence": "See Cleveland v. Cleveland, 165 Conn. 95, 328 A.2d 691, 695 (1973) (agreement providing for... | 10,410,704 | b |
Enforcing an agreement, such as this one, that requires the parents to meet and agree after they already have demonstrated their inability to agree exposes the child to further discord and surrounds the child with an atmosphere of hostility and insecurity. | {
"signal": "see",
"identifier": null,
"parenthetical": "agreement providing for choice of school by noncustodial parent deleted from separation agreement because it would lead to further parental conflict",
"sentence": "See Cleveland v. Cleveland, 165 Conn. 95, 328 A.2d 691, 695 (1973) (agreement providing for... | {
"signal": "cf.",
"identifier": "535 P.2d 1122, 1125",
"parenthetical": "statute awarding child rearing decisions to custodial parent has rational basis because it will avoid the \"constant buffeting of a child between two parents who disagree on the issues of the child's upbringing, including his education, hea... | 10,410,704 | a |
Enforcing an agreement, such as this one, that requires the parents to meet and agree after they already have demonstrated their inability to agree exposes the child to further discord and surrounds the child with an atmosphere of hostility and insecurity. | {
"signal": "see",
"identifier": "328 A.2d 691, 695",
"parenthetical": "agreement providing for choice of school by noncustodial parent deleted from separation agreement because it would lead to further parental conflict",
"sentence": "See Cleveland v. Cleveland, 165 Conn. 95, 328 A.2d 691, 695 (1973) (agreemen... | {
"signal": "cf.",
"identifier": "188 Colo. 423, 428",
"parenthetical": "statute awarding child rearing decisions to custodial parent has rational basis because it will avoid the \"constant buffeting of a child between two parents who disagree on the issues of the child's upbringing, including his education, heal... | 10,410,704 | a |
Enforcing an agreement, such as this one, that requires the parents to meet and agree after they already have demonstrated their inability to agree exposes the child to further discord and surrounds the child with an atmosphere of hostility and insecurity. | {
"signal": "cf.",
"identifier": "535 P.2d 1122, 1125",
"parenthetical": "statute awarding child rearing decisions to custodial parent has rational basis because it will avoid the \"constant buffeting of a child between two parents who disagree on the issues of the child's upbringing, including his education, hea... | {
"signal": "see",
"identifier": "328 A.2d 691, 695",
"parenthetical": "agreement providing for choice of school by noncustodial parent deleted from separation agreement because it would lead to further parental conflict",
"sentence": "See Cleveland v. Cleveland, 165 Conn. 95, 328 A.2d 691, 695 (1973) (agreemen... | 10,410,704 | b |
The amended complaint alleges that the dumping facilitated by Hamden occurred in wetlands and low lying areas, and that it was only after the dumps were closed that residential development began in those areas. One of the key factors underlying decisions that have found an activity to be ultrahazardous is that the acti... | {
"signal": "see",
"identifier": null,
"parenthetical": "granting motion to strike because, inter alia, the plaintiffs failed to alleged \"that the activity was conducted in a heavily populated area or otherwise inappropriate location\" ",
"sentence": "See, e.g., P.R.I.C.E., Inc. v. Keeney, 22 Conn. L. Rptr. 37... | {
"signal": "see also",
"identifier": "149 Conn. 85, 85",
"parenthetical": "stressing that courts must review the circumstances and conditions surrounding the activity, and noting that the pile driving in that case occurred within seventy-five feet of the building that was damaged",
"sentence": "See, e.g., P.R.... | 1,025,813 | a |
The amended complaint alleges that the dumping facilitated by Hamden occurred in wetlands and low lying areas, and that it was only after the dumps were closed that residential development began in those areas. One of the key factors underlying decisions that have found an activity to be ultrahazardous is that the acti... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stressing that courts must review the circumstances and conditions surrounding the activity, and noting that the pile driving in that case occurred within seventy-five feet of the building that was damaged",
"sentence": "See, e.g., P.R.I.C.E., Inc. v... | {
"signal": "see",
"identifier": null,
"parenthetical": "granting motion to strike because, inter alia, the plaintiffs failed to alleged \"that the activity was conducted in a heavily populated area or otherwise inappropriate location\" ",
"sentence": "See, e.g., P.R.I.C.E., Inc. v. Keeney, 22 Conn. L. Rptr. 37... | 1,025,813 | b |
The amended complaint alleges that the dumping facilitated by Hamden occurred in wetlands and low lying areas, and that it was only after the dumps were closed that residential development began in those areas. One of the key factors underlying decisions that have found an activity to be ultrahazardous is that the acti... | {
"signal": "see also",
"identifier": "149 Conn. 85, 85",
"parenthetical": "stressing that courts must review the circumstances and conditions surrounding the activity, and noting that the pile driving in that case occurred within seventy-five feet of the building that was damaged",
"sentence": "See, e.g., P.R.... | {
"signal": "see",
"identifier": null,
"parenthetical": "granting motion to strike because, inter alia, the plaintiffs failed to alleged \"that the activity was conducted in a heavily populated area or otherwise inappropriate location\" ",
"sentence": "See, e.g., P.R.I.C.E., Inc. v. Keeney, 22 Conn. L. Rptr. 37... | 1,025,813 | b |
The amended complaint alleges that the dumping facilitated by Hamden occurred in wetlands and low lying areas, and that it was only after the dumps were closed that residential development began in those areas. One of the key factors underlying decisions that have found an activity to be ultrahazardous is that the acti... | {
"signal": "see",
"identifier": null,
"parenthetical": "granting motion to strike because, inter alia, the plaintiffs failed to alleged \"that the activity was conducted in a heavily populated area or otherwise inappropriate location\" ",
"sentence": "See, e.g., P.R.I.C.E., Inc. v. Keeney, 22 Conn. L. Rptr. 37... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stressing that courts must review the circumstances and conditions surrounding the activity, and noting that the pile driving in that case occurred within seventy-five feet of the building that was damaged",
"sentence": "See, e.g., P.R.I.C.E., Inc. v... | 1,025,813 | a |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "no signal",
"identifier": "544 U.S. 408, 414-15",
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a ... | {
"signal": "see also",
"identifier": "779 F.3d 8, 8",
"parenthetical": "finding late-filed return did not comply with Massachusetts timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indicat... | 12,415,021 | a |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "see also",
"identifier": "666 F.3d 932, 932",
"parenthetical": "finding late-filed return did not comply with Mississippi timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indic... | {
"signal": "no signal",
"identifier": "544 U.S. 408, 414-15",
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a ... | 12,415,021 | b |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "see also",
"identifier": "779 F.3d 8, 8",
"parenthetical": "finding late-filed return did not comply with Massachusetts timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indicat... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall ... | 12,415,021 | b |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "see also",
"identifier": "666 F.3d 932, 932",
"parenthetical": "finding late-filed return did not comply with Mississippi timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indic... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall ... | 12,415,021 | b |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall ... | {
"signal": "see also",
"identifier": "779 F.3d 8, 8",
"parenthetical": "finding late-filed return did not comply with Massachusetts timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indicat... | 12,415,021 | a |
To determine what the applicable filing requirements are, the Court must turn to Arkansas law. In Arkansas, an income tax return "shall be filed as follows: (a) If covering the preceding calendar year, on or before April 15." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "concluding that timeliness was condition for filing a habeas petition when state rule said the petition \"shall\" be filed within the time limit",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall ... | {
"signal": "see also",
"identifier": "666 F.3d 932, 932",
"parenthetical": "finding late-filed return did not comply with Mississippi timely filing requirement",
"sentence": "Ark. Code Ann. § 26-51-806(a)(2)(A). By including a requirement that a tax return “shall be filed” by a certain date, the state is indic... | 12,415,021 | a |
Although the government contends that the district court made individualized determinations for each defendant, this argument overlooks the fact that the court neglected to identify the particular evidence presented at trial and at the sentencing hearing that led it to find Orlando accountable for $449,000. | {
"signal": "cf.",
"identifier": "168 F.3d 916, 925",
"parenthetical": "holding that the district court complied with the requirements of SS lB1.3(a",
"sentence": "See United States v. Corvado, 227 F.3d 528, 540-41 (6th Cir.2000) (remanding the case for re-sentencing because the district court “either summarily... | {
"signal": "see",
"identifier": "227 F.3d 528, 540-41",
"parenthetical": "remanding the case for re-sentencing because the district court \"either summarily adopted the findings of the [PSR] or simply declared that the enhancement in question was supported by a preponderance of the evidence,\" thereby failing to... | 9,393,498 | b |
Although the government contends that the district court made individualized determinations for each defendant, this argument overlooks the fact that the court neglected to identify the particular evidence presented at trial and at the sentencing hearing that led it to find Orlando accountable for $449,000. | {
"signal": "see",
"identifier": "128 F.3d 376, 396-97",
"parenthetical": "holding that the district court failed to comply with Rule 32(c",
"sentence": "See United States v. Corvado, 227 F.3d 528, 540-41 (6th Cir.2000) (remanding the case for re-sentencing because the district court “either summarily adopted t... | {
"signal": "cf.",
"identifier": "168 F.3d 916, 925",
"parenthetical": "holding that the district court complied with the requirements of SS lB1.3(a",
"sentence": "See United States v. Corvado, 227 F.3d 528, 540-41 (6th Cir.2000) (remanding the case for re-sentencing because the district court “either summarily... | 9,393,498 | a |
The affidavit claimed the informants were ordinary citizens whose reliability can be presumed; moreover, the tips were corroborated by Officer Cross' observation of the traffic to the residence. | {
"signal": "see also",
"identifier": "274 N.W.2d 113, 116",
"parenthetical": "warrant may place \"minimal reliance\" on informant's tip even if informant's reliability not shown where there is an independent source",
"sentence": "See State v. Eling, 355 N.W.2d 286, 291 (Minn.1984) (lack of showing of informant... | {
"signal": "see",
"identifier": "355 N.W.2d 286, 291",
"parenthetical": "lack of showing of informant's reliability is not fatal where the tip is corroborated",
"sentence": "See State v. Eling, 355 N.W.2d 286, 291 (Minn.1984) (lack of showing of informant’s reliability is not fatal where the tip is corroborate... | 10,658,987 | b |
Wilkins argues, based on an unreported decision of a Special Workers' Compensation Appeals Panel, that a failure to incorporate the average weekly wage concept into the temporary partial disability calculation would undermine workers' compensation policy. She notes that the calculation of an employee's average weekly w... | {
"signal": "see",
"identifier": "559 S.W.2d 793, 795",
"parenthetical": "stating that the earnings of an employee under this definition \"include anything received by him under the terms of his employment contract from which he realizes economic gain\"",
"sentence": "See P & L Const. Co. v. Lankford, 559 S.W.2... | {
"signal": "but see",
"identifier": "886 S.W.2d 760, 760",
"parenthetical": "holding that the scope of the \"average weekly wage\" definition is not unlimited and concluding that it excludes \"fringe benefits\"",
"sentence": "But see Pollard, 886 S.W.2d at 760 (holding that the scope of the “average weekly wag... | 11,086,932 | a |
Ballentine's Law Dictionary (2010); Black's Law Dictionary (8th ed.2004). Courts have applied this reasoning to conclude that impracticability of negotiations is a fact-sensitive inquiry that "depends upon the circumstances of the case." | {
"signal": "no signal",
"identifier": "383 B.R. 161, 161-63",
"parenthetical": "examining plain language of statute and rejecting constrained reading of impracticability requirement",
"sentence": "In re City of Vallejo, 408 B.R. at 298; In re Valley Health Sys., 383 B.R. at 161-63 (examining plain language of ... | {
"signal": "see also",
"identifier": "414 B.R. 713, 713",
"parenthetical": "\"Whether negotiations with creditors is impracticable depends on the circumstances of the case.\"",
"sentence": "See also In re Pierce County, 414 B.R. at 713 (“Whether negotiations with creditors is impracticable depends on the circu... | 3,802,412 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": "134 Conn. App. 473, 481-82",
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127... | {
"signal": "see also",
"identifier": "268 Conn. 614, 632-33",
"parenthetical": "not unreasonable for department to abandon reunification efforts when it did, given age and needs of the child, time allotted for the respondents' rehabilitation and time child had spent in foster care",
"sentence": "See In re Chri... | 12,415,418 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": "134 Conn. App. 473, 481-82",
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127... | {
"signal": "see also",
"identifier": null,
"parenthetical": "not unreasonable for department to abandon reunification efforts when it did, given age and needs of the child, time allotted for the respondents' rehabilitation and time child had spent in foster care",
"sentence": "See In re Christopher C., 134 Con... | 12,415,418 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see also",
"identifier": "63 Conn. App. 339, 362",
"parenthetical": "after respondents had not benefited from decade of efforts and services, it was not unreasonable for department to decline to pursue reunification as goal after children's final removal",
"sentence": "See In re Christopher C., 134... | {
"signal": "see",
"identifier": "134 Conn. App. 473, 481-82",
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127... | 12,415,418 | b |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": "134 Conn. App. 473, 481-82",
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127... | {
"signal": "see also",
"identifier": null,
"parenthetical": "after respondents had not benefited from decade of efforts and services, it was not unreasonable for department to decline to pursue reunification as goal after children's final removal",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481... | 12,415,418 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127 (2012) (despite departm... | {
"signal": "see also",
"identifier": "268 Conn. 614, 632-33",
"parenthetical": "not unreasonable for department to abandon reunification efforts when it did, given age and needs of the child, time allotted for the respondents' rehabilitation and time child had spent in foster care",
"sentence": "See In re Chri... | 12,415,418 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "not unreasonable for department to abandon reunification efforts when it did, given age and needs of the child, time allotted for the respondents' rehabilitation and time child had spent in foster care",
"sentence": "See In re Christopher C., 134 Con... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127 (2012) (despite departm... | 12,415,418 | b |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127 (2012) (despite departm... | {
"signal": "see also",
"identifier": "63 Conn. App. 339, 362",
"parenthetical": "after respondents had not benefited from decade of efforts and services, it was not unreasonable for department to decline to pursue reunification as goal after children's final removal",
"sentence": "See In re Christopher C., 134... | 12,415,418 | a |
In In re Antony B., the trial court's findings that the department made reasonable efforts at reunification were upheld in light of the fact that the respondent rejected many of the services offered to her and did not choose to accept services from the department. Several other cases involving appeals from termination ... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite department's repeated offers of referrals and assistance so respondent could satisfy specific steps requirements respondent refused to comply",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481-82, 39 A.3d 1127 (2012) (despite departm... | {
"signal": "see also",
"identifier": null,
"parenthetical": "after respondents had not benefited from decade of efforts and services, it was not unreasonable for department to decline to pursue reunification as goal after children's final removal",
"sentence": "See In re Christopher C., 134 Conn. App. 473, 481... | 12,415,418 | a |
We recognize that paying damages would, of course, financially affect NSP and could, for that reason, indirectly affect future rates. Damages for negligent actions are generally considered a cost of doing business, similar to the acquisition of materials and supplies or other expenses. | {
"signal": "see",
"identifier": "297 Minn. 399, 403",
"parenthetical": "noting that vicarious tort liability is based on notion that companies can absorb this liability as business cost",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 211 N.W.2d 783, 785 (1973) (noting that vicarious tort lia... | {
"signal": "see also",
"identifier": "277 Minn. 273, 277",
"parenthetical": "referring to burden on employers under workers' com pensation statutes to compensate for workplace injuries as \"a proportionate part of the expense of production\"",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 21... | 8,210,668 | a |
We recognize that paying damages would, of course, financially affect NSP and could, for that reason, indirectly affect future rates. Damages for negligent actions are generally considered a cost of doing business, similar to the acquisition of materials and supplies or other expenses. | {
"signal": "see also",
"identifier": "152 N.W.2d 356, 359",
"parenthetical": "referring to burden on employers under workers' com pensation statutes to compensate for workplace injuries as \"a proportionate part of the expense of production\"",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 2... | {
"signal": "see",
"identifier": "297 Minn. 399, 403",
"parenthetical": "noting that vicarious tort liability is based on notion that companies can absorb this liability as business cost",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 211 N.W.2d 783, 785 (1973) (noting that vicarious tort lia... | 8,210,668 | b |
We recognize that paying damages would, of course, financially affect NSP and could, for that reason, indirectly affect future rates. Damages for negligent actions are generally considered a cost of doing business, similar to the acquisition of materials and supplies or other expenses. | {
"signal": "see",
"identifier": "211 N.W.2d 783, 785",
"parenthetical": "noting that vicarious tort liability is based on notion that companies can absorb this liability as business cost",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 211 N.W.2d 783, 785 (1973) (noting that vicarious tort li... | {
"signal": "see also",
"identifier": "277 Minn. 273, 277",
"parenthetical": "referring to burden on employers under workers' com pensation statutes to compensate for workplace injuries as \"a proportionate part of the expense of production\"",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 21... | 8,210,668 | a |
We recognize that paying damages would, of course, financially affect NSP and could, for that reason, indirectly affect future rates. Damages for negligent actions are generally considered a cost of doing business, similar to the acquisition of materials and supplies or other expenses. | {
"signal": "see also",
"identifier": "152 N.W.2d 356, 359",
"parenthetical": "referring to burden on employers under workers' com pensation statutes to compensate for workplace injuries as \"a proportionate part of the expense of production\"",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 2... | {
"signal": "see",
"identifier": "211 N.W.2d 783, 785",
"parenthetical": "noting that vicarious tort liability is based on notion that companies can absorb this liability as business cost",
"sentence": "See Lange v. Nat’l Biscuit Co., 297 Minn. 399, 403, 211 N.W.2d 783, 785 (1973) (noting that vicarious tort li... | 8,210,668 | b |
The Court will, however, strike them because, as Defendants assert, they are unrelated to the alleged discrimination against Wilson. The statements made by Labon happened in 1998 and 2000 respectively, and there is no allegation that Labon had anything to do with the decision to transfer or to not hire Wilson. | {
"signal": "see also",
"identifier": "220 F.3d 752, 759-60",
"parenthetical": "finding district court committed reversible error by admitting evidence of racial statements made by co-workers of African-American employee long before his termination, none of whom were responsible for the decision to terminate",
... | {
"signal": "no signal",
"identifier": "239 F.R.D. 486, 486",
"parenthetical": "\"vague and unrelated allegations of discrimination made by an individual regarding another employee who had nothing to do with the alleged discrimination against Plaintiff are irrelevant and inadmissible.\"",
"sentence": "Bailey, 2... | 4,182,864 | b |
We will accept Gallas' allegation that Judge Sylvester violated a court "rule" which allowed the release of an impounded PFA only for purposes of its use as evidence in a judicial proceeding, and only then upon judicial order following a verified petition properly noticed to all interested parties. Yet, such a procedur... | {
"signal": "see",
"identifier": "98 S.Ct. 1106, 1106",
"parenthetical": "\"A judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors.\"",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is absolutely immune... | {
"signal": "see also",
"identifier": "502 U.S. 13, 13",
"parenthetical": "holding that a judge merely acted in excess of his authority in ordering police officers to use excessive force in bringing an attorney to his courtroom for a calendar call",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is abs... | 1,743,306 | a |
We will accept Gallas' allegation that Judge Sylvester violated a court "rule" which allowed the release of an impounded PFA only for purposes of its use as evidence in a judicial proceeding, and only then upon judicial order following a verified petition properly noticed to all interested parties. Yet, such a procedur... | {
"signal": "see also",
"identifier": "112 S.Ct. 289, 289",
"parenthetical": "holding that a judge merely acted in excess of his authority in ordering police officers to use excessive force in bringing an attorney to his courtroom for a calendar call",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is ... | {
"signal": "see",
"identifier": "98 S.Ct. 1106, 1106",
"parenthetical": "\"A judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors.\"",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is absolutely immune... | 1,743,306 | b |
We will accept Gallas' allegation that Judge Sylvester violated a court "rule" which allowed the release of an impounded PFA only for purposes of its use as evidence in a judicial proceeding, and only then upon judicial order following a verified petition properly noticed to all interested parties. Yet, such a procedur... | {
"signal": "see also",
"identifier": "848 F.2d 163, 164-65",
"parenthetical": "\"Even assuming that Judge Eldridge had not followed procedural rules, his action would still be within his jurisdiction.\"",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is absolutely immune from liability for his judici... | {
"signal": "see",
"identifier": "98 S.Ct. 1106, 1106",
"parenthetical": "\"A judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors.\"",
"sentence": "See id. at 359, 98 S.Ct. at 1106 (“A judge is absolutely immune... | 1,743,306 | b |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see",
"identifier": "861 F.2d 972, 977",
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his g... | {
"signal": "see also",
"identifier": "500 F.2d 298, 298",
"parenthetical": "cautionary instruction did not neutralize the prejudice of comments that called attention to the defendants' failure to testify because it \"failed expressly to instruct the jury that no adverse inference could be drawn from [the defenda... | 11,167,736 | a |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "cf.",
"identifier": "227 F.3d 1064, 1069",
"parenthetical": "prejudice caused by prosecutorial misconduct during closing argument was not cured because the district court issued no curative instructions where the defense failed to object to the misconduct",
"sentence": "Cf. United States v. Cruz-Pa... | {
"signal": "see",
"identifier": "861 F.2d 972, 977",
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his g... | 11,167,736 | b |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | {
"signal": "see also",
"identifier": "500 F.2d 298, 298",
"parenthetical": "cautionary instruction did not neutralize the prejudice of comments that called attention to the defendants' failure to testify because it \"failed expressly to instruct the jury that no adverse inference could be drawn from [the defenda... | 11,167,736 | a |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "cf.",
"identifier": "227 F.3d 1064, 1069",
"parenthetical": "prejudice caused by prosecutorial misconduct during closing argument was not cured because the district court issued no curative instructions where the defense failed to object to the misconduct",
"sentence": "Cf. United States v. Cruz-Pa... | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | 11,167,736 | b |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | {
"signal": "see also",
"identifier": "500 F.2d 298, 298",
"parenthetical": "cautionary instruction did not neutralize the prejudice of comments that called attention to the defendants' failure to testify because it \"failed expressly to instruct the jury that no adverse inference could be drawn from [the defenda... | 11,167,736 | a |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "cf.",
"identifier": "227 F.3d 1064, 1069",
"parenthetical": "prejudice caused by prosecutorial misconduct during closing argument was not cured because the district court issued no curative instructions where the defense failed to object to the misconduct",
"sentence": "Cf. United States v. Cruz-Pa... | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | 11,167,736 | b |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | {
"signal": "see also",
"identifier": "500 F.2d 298, 298",
"parenthetical": "cautionary instruction did not neutralize the prejudice of comments that called attention to the defendants' failure to testify because it \"failed expressly to instruct the jury that no adverse inference could be drawn from [the defenda... | 11,167,736 | a |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see",
"identifier": null,
"parenthetical": "trial judge's instructions did not cure the error caused by the misconduct because \"[n]o curative instructions were given at the time of defense's objections\" and the \"judge did not mention the prosecutor's improper comments\" during his general charge t... | {
"signal": "cf.",
"identifier": "227 F.3d 1064, 1069",
"parenthetical": "prejudice caused by prosecutorial misconduct during closing argument was not cured because the district court issued no curative instructions where the defense failed to object to the misconduct",
"sentence": "Cf. United States v. Cruz-Pa... | 11,167,736 | a |
Instead, it was given only after closing arguments had been completed and, even then, after a fifteen-minute recess. Therefore, there was nothing directly linking this jury instruction to the prosecutor's misconduct. | {
"signal": "see also",
"identifier": "500 F.2d 298, 298",
"parenthetical": "cautionary instruction did not neutralize the prejudice of comments that called attention to the defendants' failure to testify because it \"failed expressly to instruct the jury that no adverse inference could be drawn from [the defenda... | {
"signal": "cf.",
"identifier": "227 F.3d 1064, 1069",
"parenthetical": "prejudice caused by prosecutorial misconduct during closing argument was not cured because the district court issued no curative instructions where the defense failed to object to the misconduct",
"sentence": "Cf. United States v. Cruz-Pa... | 11,167,736 | a |
Moreover, substantial evidence supports the BIA's determination that Huang failed to establish that conditions in China had changed materially for Falun Gong practitioners. While the evidence indicated that repression of Falun Gong practitioners increased around the 2008 Olympics, the evidence also demonstrated that th... | {
"signal": "see",
"identifier": "480 F.3d 160, 167",
"parenthetical": "\"Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.\"",
"sentence": "See Siewe v. Gonzales, 480 F.3d 160, 167 (2d Cir.2007) (“Where there are two permissible views of th... | {
"signal": "see also",
"identifier": "546 F.3d 138, 169",
"parenthetical": "reviewing the BIA's factual findings regarding changed country conditions under the substantial evidence standard",
"sentence": "See Siewe v. Gonzales, 480 F.3d 160, 167 (2d Cir.2007) (“Where there are two permissible views of the evid... | 3,928,178 | a |
There can be no serious dispute with the court's finding of a "massive fraud of the court." The district court was authorized to compel discovery which would reveal existence of the fraud as well as efforts to conceal it. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding crime-fraud exception applied to testimony of attorney and accountant, who prepared his client's tax returns during grand jury investigation for tax evasion",
"sentence": "In re Grand Jury Investigation, 842 F.2d 1223 (11th Cir. 1987) (holdi... | {
"signal": "see also",
"identifier": "99 F.3d 363, 367",
"parenthetical": "\"Every district court has the power to conduct an independent investigation in order to determine whether it has been the victim of fraud.\"",
"sentence": "In re Grand Jury Investigation, 842 F.2d 1223 (11th Cir. 1987) (holding crime-f... | 12,403,743 | a |
Finding the Commonwealth Court's constitutionality ruling is properly before us, we move to the merits of this appeal. The Uniformity Clause prescribes "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting Uniformity Clause requires only substantial uniformity, \"which means as nearly uniform as practicable in view of the instrumentalities with which and subjects upon which tax laws operate\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 6... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Scientific formulae, arithmetical deductions and mental contemplations, have small value in making assessments under our practical system of taxation.\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 662, 969 A.2d 1197, 1210 (2009) (citing Le... | 7,255,898 | b |
Finding the Commonwealth Court's constitutionality ruling is properly before us, we move to the merits of this appeal. The Uniformity Clause prescribes "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under ... | {
"signal": "see also",
"identifier": "73 A. 429, 430",
"parenthetical": "noting Uniformity Clause requires only substantial uniformity, \"which means as nearly uniform as practicable in view of the instrumentalities with which and subjects upon which tax laws operate\"",
"sentence": "Clifton v. Allegheny Count... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Scientific formulae, arithmetical deductions and mental contemplations, have small value in making assessments under our practical system of taxation.\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 662, 969 A.2d 1197, 1210 (2009) (citing Le... | 7,255,898 | b |
Finding the Commonwealth Court's constitutionality ruling is properly before us, we move to the merits of this appeal. The Uniformity Clause prescribes "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting Uniformity Clause requires only substantial uniformity, \"which means as nearly uniform as practicable in view of the instrumentalities with which and subjects upon which tax laws operate\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 6... | {
"signal": "no signal",
"identifier": "149 A. 653, 654",
"parenthetical": "\"Scientific formulae, arithmetical deductions and mental contemplations, have small value in making assessments under our practical system of taxation.\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 662, 969 A.2d 1197, 1210 (200... | 7,255,898 | b |
Finding the Commonwealth Court's constitutionality ruling is properly before us, we move to the merits of this appeal. The Uniformity Clause prescribes "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under ... | {
"signal": "no signal",
"identifier": "149 A. 653, 654",
"parenthetical": "\"Scientific formulae, arithmetical deductions and mental contemplations, have small value in making assessments under our practical system of taxation.\"",
"sentence": "Clifton v. Allegheny County, 600 Pa. 662, 969 A.2d 1197, 1210 (200... | {
"signal": "see also",
"identifier": "73 A. 429, 430",
"parenthetical": "noting Uniformity Clause requires only substantial uniformity, \"which means as nearly uniform as practicable in view of the instrumentalities with which and subjects upon which tax laws operate\"",
"sentence": "Clifton v. Allegheny Count... | 7,255,898 | a |
The district court properly dismissed the action because Kenner did not complete the prison grievance process prior to filing suit. | {
"signal": "see",
"identifier": "548 U.S. 81, 93-95",
"parenthetical": "holding that \"proper exhaustion\" under SS 1997e(a) is mandatory and requires adherence to administrative procedural rules",
"sentence": "See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “prope... | {
"signal": "see also",
"identifier": "532 U.S. 731, 734",
"parenthetical": "holding that an inmate seeking only money damages must complete any prison administrative process capable of addressing his complaint and providing some form of relief, even if the process does not provide for the recovery of monetary re... | 4,253,235 | a |
The district court properly dismissed the action because Kenner did not complete the prison grievance process prior to filing suit. | {
"signal": "see",
"identifier": "548 U.S. 81, 93-95",
"parenthetical": "holding that \"proper exhaustion\" under SS 1997e(a) is mandatory and requires adherence to administrative procedural rules",
"sentence": "See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “prope... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that an inmate seeking only money damages must complete any prison administrative process capable of addressing his complaint and providing some form of relief, even if the process does not provide for the recovery of monetary relief",
"sente... | 4,253,235 | a |
The district court properly dismissed the action because Kenner did not complete the prison grievance process prior to filing suit. | {
"signal": "see",
"identifier": "548 U.S. 81, 93-95",
"parenthetical": "holding that \"proper exhaustion\" under SS 1997e(a) is mandatory and requires adherence to administrative procedural rules",
"sentence": "See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “prope... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that an inmate seeking only money damages must complete any prison administrative process capable of addressing his complaint and providing some form of relief, even if the process does not provide for the recovery of monetary relief",
"sente... | 4,253,235 | a |
The district court properly dismissed the action because Kenner did not complete the prison grievance process prior to filing suit. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that \"proper exhaustion\" under SS 1997e(a) is mandatory and requires adherence to administrative procedural rules",
"sentence": "See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” un... | {
"signal": "see also",
"identifier": "532 U.S. 731, 734",
"parenthetical": "holding that an inmate seeking only money damages must complete any prison administrative process capable of addressing his complaint and providing some form of relief, even if the process does not provide for the recovery of monetary re... | 4,253,235 | a |
The district court properly dismissed the action because Kenner did not complete the prison grievance process prior to filing suit. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that \"proper exhaustion\" under SS 1997e(a) is mandatory and requires adherence to administrative procedural rules",
"sentence": "See Woodford v. Ngo, 548 U.S. 81, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” un... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that an inmate seeking only money damages must complete any prison administrative process capable of addressing his complaint and providing some form of relief, even if the process does not provide for the recovery of monetary relief",
"sente... | 4,253,235 | a |
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