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Pls.' Mot. to Remand at 6 (stating that "Plaintiffs have filed essentially the same cause of action in both the DC Superior Court as well as the DC Federal Court"); see also Defs.' Opp'n to Pls.' Mot. to Remand, Ex. B. Thus, on at least two prior occasions, the plaintiffs have affirmatively invoked federal jurisdiction... | {
"signal": "see",
"identifier": "665 F.Supp.2d 515, 517",
"parenthetical": "holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court",
"sentence": "See Koehnen, 89 F.3d at 528 (concluding that the plaintiff waived any procedural defect in connection with... | {
"signal": "see also",
"identifier": "156 F.3d 1030, 1036",
"parenthetical": "noting that \"plaintiffs cannot voluntarily invoke, and then disavow, federal jurisdiction\"",
"sentence": "See Koehnen, 89 F.3d at 528 (concluding that the plaintiff waived any procedural defect in connection with removal by moving ... | 4,026,691 | a |
Hurn also maintains that the 1995 conviction was too remote to be relevant and that its unfair prejudice substantially outweighed its probative value. We have held that a district court does not abuse its discretion by admitting thirteen-year-old evidence of prior bad acts where the prior conduct is very similar to the... | {
"signal": "see also",
"identifier": "406 F.3d 793, 793",
"parenthetical": "holding that the admission of Rule 404(b) evidence is proper in a drug case where nine years elapse between the prior conduct and the conduct charged",
"sentence": "See United States v. Wimberly, 60 F.3d 281, 285 (7th Cir.1995); see al... | {
"signal": "cf.",
"identifier": "291 F.3d 127, 138-39",
"parenthetical": "holding that a district court errs by admitting a twelve-year-old drug conviction to prove intent in a subsequent drug prosecution",
"sentence": "Cf. United States v. Garcia, 291 F.3d 127, 138-39 (2d Cir.2002) (holding that a district co... | 5,703,438 | a |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see",
"identifier": "41 F.Supp.2d 216, 216",
"parenthetical": "\"Under New York law, false arrest and false imprisonment claims accrue on the date of the release from confinement.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New York law, false arrest and false im... | {
"signal": "see also",
"identifier": "885 N.E.2d 25, 31",
"parenthetical": "holding that \"Johnson's cause of action for false imprisonment/false arrest accrued when he was bound over for trial in March 2003\"",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(holding that “Johns... | 4,119,033 | a |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see",
"identifier": "41 F.Supp.2d 216, 216",
"parenthetical": "\"Under New York law, false arrest and false imprisonment claims accrue on the date of the release from confinement.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New York law, false arrest and false im... | {
"signal": "see also",
"identifier": "226 S.W.3d 68, 72",
"parenthetical": "holding that the false imprisonment ended when the plaintiff began being held pursuant to legal process -- the date when he was arraigned on the charges",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(... | 4,119,033 | a |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Under New York law, false arrest and false imprisonment claims accrue on the date of the release from confinement.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New York law, false arrest and false imprisonment claims a... | {
"signal": "see also",
"identifier": "885 N.E.2d 25, 31",
"parenthetical": "holding that \"Johnson's cause of action for false imprisonment/false arrest accrued when he was bound over for trial in March 2003\"",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(holding that “Johns... | 4,119,033 | a |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see also",
"identifier": "226 S.W.3d 68, 72",
"parenthetical": "holding that the false imprisonment ended when the plaintiff began being held pursuant to legal process -- the date when he was arraigned on the charges",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Under New York law, false arrest and false imprisonment claims accrue on the date of the release from confinement.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New York law, false arrest and false imprisonment claims a... | 4,119,033 | b |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see also",
"identifier": "885 N.E.2d 25, 31",
"parenthetical": "holding that \"Johnson's cause of action for false imprisonment/false arrest accrued when he was bound over for trial in March 2003\"",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(holding that “Johns... | {
"signal": "see",
"identifier": "594 S.W.2d 154, 154",
"parenthetical": "\"We hold that false imprisonment is a continuing tort and that the cause of action for the entire period of imprisonment accrues when the detention ends.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New... | 4,119,033 | b |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see also",
"identifier": "226 S.W.3d 68, 72",
"parenthetical": "holding that the false imprisonment ended when the plaintiff began being held pursuant to legal process -- the date when he was arraigned on the charges",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(... | {
"signal": "see",
"identifier": "594 S.W.2d 154, 154",
"parenthetical": "\"We hold that false imprisonment is a continuing tort and that the cause of action for the entire period of imprisonment accrues when the detention ends.\"",
"sentence": "See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New... | 4,119,033 | b |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see also",
"identifier": "885 N.E.2d 25, 31",
"parenthetical": "holding that \"Johnson's cause of action for false imprisonment/false arrest accrued when he was bound over for trial in March 2003\"",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(holding that “Johns... | {
"signal": "see",
"identifier": "281 P.2d 425, 425",
"parenthetical": "holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated",
"sentence": "See H... | 4,119,033 | b |
The Supreme Court found that the false imprisonment ends for either tort when the victim is released, or when the victim's imprisonment becomes "pursuant to [legal] process -- when, for example, he is bound over by a magistrate or arraigned on charges." Id. Moreover, several states have found that claims for false arre... | {
"signal": "see",
"identifier": "281 P.2d 425, 425",
"parenthetical": "holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated",
"sentence": "See H... | {
"signal": "see also",
"identifier": "226 S.W.3d 68, 72",
"parenthetical": "holding that the false imprisonment ended when the plaintiff began being held pursuant to legal process -- the date when he was arraigned on the charges",
"sentence": "See also Johnson v. Blackwell, 885 N.E.2d 25, 31 (Ind.Ct.App.2008)(... | 4,119,033 | a |
(Emphases added.) Because HRCP 12(b) is identical to Rule 12(b) of the Federal Rules of Civil Procedure (FRCP), the federal courts' interpretation of this rule is highly persuasive. | {
"signal": "see",
"identifier": "50 Haw. 528, 532",
"parenthetical": "federal courts' interpretations of the FRCP are deemed \"highly persuasive in, the reasoning of this court\" since the HRCP were patterned after the federal rules",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968)... | {
"signal": "see also",
"identifier": "10 Haw.App. 388, 394",
"parenthetical": "because HRCP Rule 41(b) is identical to FRCP Rule 41(b), the U.S. Supreme Court's interpretation of the federal rule is persuasive",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968) (federal courts’ inter... | 12,261,193 | a |
(Emphases added.) Because HRCP 12(b) is identical to Rule 12(b) of the Federal Rules of Civil Procedure (FRCP), the federal courts' interpretation of this rule is highly persuasive. | {
"signal": "see also",
"identifier": "876 P.2d 1335, 1338",
"parenthetical": "because HRCP Rule 41(b) is identical to FRCP Rule 41(b), the U.S. Supreme Court's interpretation of the federal rule is persuasive",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968) (federal courts’ interp... | {
"signal": "see",
"identifier": "50 Haw. 528, 532",
"parenthetical": "federal courts' interpretations of the FRCP are deemed \"highly persuasive in, the reasoning of this court\" since the HRCP were patterned after the federal rules",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968)... | 12,261,193 | b |
(Emphases added.) Because HRCP 12(b) is identical to Rule 12(b) of the Federal Rules of Civil Procedure (FRCP), the federal courts' interpretation of this rule is highly persuasive. | {
"signal": "see also",
"identifier": "10 Haw.App. 388, 394",
"parenthetical": "because HRCP Rule 41(b) is identical to FRCP Rule 41(b), the U.S. Supreme Court's interpretation of the federal rule is persuasive",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968) (federal courts’ inter... | {
"signal": "see",
"identifier": "445 P.2d 376, 380",
"parenthetical": "federal courts' interpretations of the FRCP are deemed \"highly persuasive in, the reasoning of this court\" since the HRCP were patterned after the federal rules",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968... | 12,261,193 | b |
(Emphases added.) Because HRCP 12(b) is identical to Rule 12(b) of the Federal Rules of Civil Procedure (FRCP), the federal courts' interpretation of this rule is highly persuasive. | {
"signal": "see also",
"identifier": "876 P.2d 1335, 1338",
"parenthetical": "because HRCP Rule 41(b) is identical to FRCP Rule 41(b), the U.S. Supreme Court's interpretation of the federal rule is persuasive",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968) (federal courts’ interp... | {
"signal": "see",
"identifier": "445 P.2d 376, 380",
"parenthetical": "federal courts' interpretations of the FRCP are deemed \"highly persuasive in, the reasoning of this court\" since the HRCP were patterned after the federal rules",
"sentence": "See Harada v. Burns, 50 Haw. 528, 532, 445 P.2d 376, 380 (1968... | 12,261,193 | b |
Accordingly, we have no reason to conclude that Villanova's relationship with HSOA was anything other than an ordinary, arm's-length, lender-borrower relationship. In that type of relationship, the duty of good faith and fair dealing does not arise. | {
"signal": "see also",
"identifier": "660 S.W.2d 521, 522",
"parenthetical": "rejecting contention that an implied duty of good faith and fair dealing exists in every contract",
"sentence": "See Formosa Plastics Corp. USA, 960 S.W.2d at 52 (the duty of good faith and fair dealing does not arise in ordinary com... | {
"signal": "see",
"identifier": "960 S.W.2d 52, 52",
"parenthetical": "the duty of good faith and fair dealing does not arise in ordinary commercial transactions",
"sentence": "See Formosa Plastics Corp. USA, 960 S.W.2d at 52 (the duty of good faith and fair dealing does not arise in ordinary commercial transa... | 12,371,346 | b |
We have also recognized that dangers that are obvious to adults may not be fully appreciated by children of Shawn's age. | {
"signal": "see also",
"identifier": "297 N.W.2d 727, 743",
"parenthetical": "stating that a 4-year-old child was \"incapable of appreciating the risk\" that her pajamas could ignite from an electric burner",
"sentence": "See Heitman v. Lake City, 225 Minn. 117, 30 N.W.2d 18, 23 (1947) (stating, “[c]hil-dren, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating, \"[c]hil-dren, through childish inattention, may fail to observe conditions which an adult might reasonably be expected to discover,\" in a case involving a 7-year-old child who drowned",
"sentence": "See Heitman v. Lake City, 225 Minn. 117, 30 N... | 12,334,770 | b |
We have also recognized that dangers that are obvious to adults may not be fully appreciated by children of Shawn's age. | {
"signal": "see also",
"identifier": "297 N.W.2d 727, 743",
"parenthetical": "stating that a 4-year-old child was \"incapable of appreciating the risk\" that her pajamas could ignite from an electric burner",
"sentence": "See Heitman v. Lake City, 225 Minn. 117, 30 N.W.2d 18, 23 (1947) (stating, “[c]hil-dren, ... | {
"signal": "see",
"identifier": "30 N.W.2d 18, 23",
"parenthetical": "stating, \"[c]hil-dren, through childish inattention, may fail to observe conditions which an adult might reasonably be expected to discover,\" in a case involving a 7-year-old child who drowned",
"sentence": "See Heitman v. Lake City, 225 M... | 12,334,770 | b |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see also",
"identifier": "490 U.S. 319, 325",
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfriv... | {
"signal": "see",
"identifier": "536 U.S. 416, 416",
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.... | 4,297,356 | b |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see also",
"identifier": null,
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfrivolous test’” an... | {
"signal": "see",
"identifier": "536 U.S. 416, 416",
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.... | 4,297,356 | b |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see",
"identifier": "536 U.S. 416, 416",
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfrivolous test’” an... | 4,297,356 | a |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see",
"identifier": null,
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the c... | {
"signal": "see also",
"identifier": "490 U.S. 319, 325",
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfriv... | 4,297,356 | a |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see",
"identifier": null,
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the c... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfrivolous test’” an... | 4,297,356 | a |
The district court properly granted summary judgment on Dennison's access-to-court claim against Ulibarri concerning her alleged refusal to approve his two notices of claims as legal mail because Denni-son failed to raise a triable dispute as to whether his underlying claims were non-frivolous. | {
"signal": "see also",
"identifier": null,
"parenthetical": "a complaint is frivolous where \"it lacks an arguable basis either in law or in fact\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the complaint must describe the underlying.claim “well enough to apply the ‘nonfrivolous test’” an... | {
"signal": "see",
"identifier": null,
"parenthetical": "the complaint must describe the underlying.claim \"well enough to apply the 'nonfrivolous test'\" and \"to show that the 'arguable' nature of the underlying claim is more than a hope\"",
"sentence": "See Christopher, 536 U.S. at 416, 122 S.Ct. 2179 (the c... | 4,297,356 | b |
Learning the contents of the purse was crucial to a proper police response. These facts must be viewed objectively. | {
"signal": "see also",
"identifier": "126 S.Ct. 1943, 1948",
"parenthetical": "\"The officer's subjective motivation is irrelevant,\" as a court need not \"discem[] what is in the mind of the individual officer conducting the search.\"",
"sentence": "See Scott v. United States, 436 U.S. 128, 138, 98 S.Ct. 1717... | {
"signal": "see",
"identifier": "436 U.S. 128, 138",
"parenthetical": "\"[T] he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objec... | 5,714,662 | b |
Learning the contents of the purse was crucial to a proper police response. These facts must be viewed objectively. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T] he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify... | {
"signal": "see also",
"identifier": "126 S.Ct. 1943, 1948",
"parenthetical": "\"The officer's subjective motivation is irrelevant,\" as a court need not \"discem[] what is in the mind of the individual officer conducting the search.\"",
"sentence": "See Scott v. United States, 436 U.S. 128, 138, 98 S.Ct. 1717... | 5,714,662 | a |
Learning the contents of the purse was crucial to a proper police response. These facts must be viewed objectively. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T] he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify... | {
"signal": "see also",
"identifier": "126 S.Ct. 1943, 1948",
"parenthetical": "\"The officer's subjective motivation is irrelevant,\" as a court need not \"discem[] what is in the mind of the individual officer conducting the search.\"",
"sentence": "See Scott v. United States, 436 U.S. 128, 138, 98 S.Ct. 1717... | 5,714,662 | a |
There was no evidence that the defendant shared payment of the rent. | {
"signal": "no signal",
"identifier": "630 P.2d 1070, 1073",
"parenthetical": "defendant who was one of four people living in the trailer, paid an equal share of the rent, and used the living area along with the others had a reasonable expectation of privacy",
"sentence": "People v. Savage, 630 P.2d 1070, 1073... | {
"signal": "cf.",
"identifier": "176 Colo. 391, 394",
"parenthetical": "defendant was legitimately in the house and therefore had standing to challenge the search of the house",
"sentence": "Cf. People v. Godinas, 176 Colo. 391, 394, 490 P.2d 945, 947 (1971) (defendant was legitimately in the house and therefo... | 10,397,823 | a |
There was no evidence that the defendant shared payment of the rent. | {
"signal": "no signal",
"identifier": "630 P.2d 1070, 1073",
"parenthetical": "defendant who was one of four people living in the trailer, paid an equal share of the rent, and used the living area along with the others had a reasonable expectation of privacy",
"sentence": "People v. Savage, 630 P.2d 1070, 1073... | {
"signal": "cf.",
"identifier": "490 P.2d 945, 947",
"parenthetical": "defendant was legitimately in the house and therefore had standing to challenge the search of the house",
"sentence": "Cf. People v. Godinas, 176 Colo. 391, 394, 490 P.2d 945, 947 (1971) (defendant was legitimately in the house and therefor... | 10,397,823 | a |
There was no evidence that the defendant shared payment of the rent. | {
"signal": "no signal",
"identifier": "630 P.2d 1070, 1073",
"parenthetical": "defendant who was one of four people living in the trailer, paid an equal share of the rent, and used the living area along with the others had a reasonable expectation of privacy",
"sentence": "People v. Savage, 630 P.2d 1070, 1073... | {
"signal": "cf.",
"identifier": "173 Colo. 323, 325",
"parenthetical": "defendant had standing because he was in his sister's home with her permission when the search of her house was conducted",
"sentence": "Cf. People v. Godinas, 176 Colo. 391, 394, 490 P.2d 945, 947 (1971) (defendant was legitimately in the... | 10,397,823 | a |
There was no evidence that the defendant shared payment of the rent. | {
"signal": "no signal",
"identifier": "630 P.2d 1070, 1073",
"parenthetical": "defendant who was one of four people living in the trailer, paid an equal share of the rent, and used the living area along with the others had a reasonable expectation of privacy",
"sentence": "People v. Savage, 630 P.2d 1070, 1073... | {
"signal": "cf.",
"identifier": "478 P.2d 308, 308",
"parenthetical": "defendant had standing because he was in his sister's home with her permission when the search of her house was conducted",
"sentence": "Cf. People v. Godinas, 176 Colo. 391, 394, 490 P.2d 945, 947 (1971) (defendant was legitimately in the ... | 10,397,823 | a |
While private contracting parties would ordinarily be equally chargeable -- so far as enforceability and interpretation are concerned -- -with their respective counsels' derelictions in negotiating commercial contracts, different concerns apply to bargained plea agreements. Unlike the private contract situation, the va... | {
"signal": "cf.",
"identifier": "624 F.2d 461, 473",
"parenthetical": "in interpreting disputed immunity agreement, court \"not primarily concerned with the gauge of [defense counsel's] professional caution or responsibility\"",
"sentence": "Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition t... | {
"signal": "no signal",
"identifier": "467 U.S. 509, 509",
"parenthetical": "that defense counsel's possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a \"relevant legal concern\" in direct proceeding in criminal case to vacate plea because of bro... | 10,546,535 | b |
While private contracting parties would ordinarily be equally chargeable -- so far as enforceability and interpretation are concerned -- -with their respective counsels' derelictions in negotiating commercial contracts, different concerns apply to bargained plea agreements. Unlike the private contract situation, the va... | {
"signal": "cf.",
"identifier": "624 F.2d 461, 473",
"parenthetical": "in interpreting disputed immunity agreement, court \"not primarily concerned with the gauge of [defense counsel's] professional caution or responsibility\"",
"sentence": "Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition t... | {
"signal": "no signal",
"identifier": "104 S.Ct. 2547, 2547",
"parenthetical": "that defense counsel's possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a \"relevant legal concern\" in direct proceeding in criminal case to vacate plea because of ... | 10,546,535 | b |
While private contracting parties would ordinarily be equally chargeable -- so far as enforceability and interpretation are concerned -- -with their respective counsels' derelictions in negotiating commercial contracts, different concerns apply to bargained plea agreements. Unlike the private contract situation, the va... | {
"signal": "cf.",
"identifier": "624 F.2d 461, 473",
"parenthetical": "in interpreting disputed immunity agreement, court \"not primarily concerned with the gauge of [defense counsel's] professional caution or responsibility\"",
"sentence": "Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition t... | {
"signal": "no signal",
"identifier": "404 U.S. 261, 261-62",
"parenthetical": "that defense counsel's possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a \"relevant legal concern\" in direct proceeding in criminal case to vacate plea because of ... | 10,546,535 | b |
While private contracting parties would ordinarily be equally chargeable -- so far as enforceability and interpretation are concerned -- -with their respective counsels' derelictions in negotiating commercial contracts, different concerns apply to bargained plea agreements. Unlike the private contract situation, the va... | {
"signal": "no signal",
"identifier": "92 S.Ct. 498, 498",
"parenthetical": "that defense counsel's possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a \"relevant legal concern\" in direct proceeding in criminal case to vacate plea because of bro... | {
"signal": "cf.",
"identifier": "624 F.2d 461, 473",
"parenthetical": "in interpreting disputed immunity agreement, court \"not primarily concerned with the gauge of [defense counsel's] professional caution or responsibility\"",
"sentence": "Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition t... | 10,546,535 | a |
We do not agree. Since the law governing the classification of aggravated identity theft was unsettled at the time of the appellant's removal, we cannot fairly conclude that the appellant was misled at all. A waiver of rights based on a reasonable interpretation of existing law is not rendered faulty by later jurisprud... | {
"signal": "cf.",
"identifier": "577 F.3d 288, 299",
"parenthetical": "finding no due process violation in BIA's refusal to entertain a motion to reopen removal proceedings even though offense underlying removal was later determined not to be an aggravated felony",
"sentence": "See Brady v. United States, 397 ... | {
"signal": "see also",
"identifier": "759 F.3d 698, 698",
"parenthetical": "explaining that \"the law in effect at the time of [the defendant's] challenged removal is what matters to [the court's] analysis\"",
"sentence": "See Brady v. United States, 397 U.S. 742, 757, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); see... | 4,339,853 | b |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | {
"signal": "see also",
"identifier": "176 Conn. 17, 25",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringent... | 1,600,095 | a |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see also",
"identifier": "404 A.2d 873, 878",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringen... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | 1,600,095 | b |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | {
"signal": "see also",
"identifier": "176 Conn. 17, 25",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringent... | 1,600,095 | a |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see also",
"identifier": "404 A.2d 873, 878",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringen... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | 1,600,095 | b |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see also",
"identifier": "176 Conn. 17, 25",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringent... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | 1,600,095 | b |
The court held that since notice was mandatory, substantial compliance along the lines suggested by the state was insufficient and that suppression was required even if the defendant could show no prejudice resulting from the violation. The court correctly noted that in these respects the Connecticut statute was strict... | {
"signal": "see",
"identifier": null,
"parenthetical": "unnotified defendant entitled to suppression only upon a showing of prejudice",
"sentence": "See 18 U.S.C. §§ 2510-2520 (1982); id. § 2518(8)(d) (the authorizing judge has discretion to determine whether notice should be sent to a person not named in wire... | {
"signal": "see also",
"identifier": "404 A.2d 873, 878",
"parenthetical": "\"Connecticut scheme is ... in many respects more stringent than the equivalent federal act\"",
"sentence": "See also State v. Grant, 176 Conn. 17, 25, 404 A.2d 873, 878 (1978) (“Connecticut scheme is ... in many respects more stringen... | 1,600,095 | a |
Determining whether Rodriguez-Correa was eligible for the program, and thus would have received a reduction in his sentence through a plea bargain or a government's motion for downward departure, is a matter of prosecutorial discretion. | {
"signal": "see",
"identifier": "178 F.3d 1168, 1174",
"parenthetical": "stating that \"entering into plea bargains is within the United States Attorney's prosecutorial discretion\"",
"sentence": "See United States v. Pickering, 178 F.3d 1168, 1174 (11th Cir.1999) (stating that “entering into plea bargains is ... | {
"signal": "see also",
"identifier": "160 F.3d 1309, 1316",
"parenthetical": "stating that \"[determining whether a motion for reduction of sentence will be filed is reserved to the government.\"",
"sentence": "See United States v. Pickering, 178 F.3d 1168, 1174 (11th Cir.1999) (stating that “entering into ple... | 3,167,173 | a |
Determining whether Rodriguez-Correa was eligible for the program, and thus would have received a reduction in his sentence through a plea bargain or a government's motion for downward departure, is a matter of prosecutorial discretion. | {
"signal": "see also",
"identifier": "160 F.3d 1309, 1316",
"parenthetical": "stating that \"[determining whether a motion for reduction of sentence will be filed is reserved to the government.\"",
"sentence": "See United States v. Pickering, 178 F.3d 1168, 1174 (11th Cir.1999) (stating that “entering into ple... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"entering into plea bargains is within the United States Attorney's prosecutorial discretion\"",
"sentence": "See United States v. Pickering, 178 F.3d 1168, 1174 (11th Cir.1999) (stating that “entering into plea bargains is within the United... | 3,167,173 | b |
On appeal, Ms. Plasai argues that the settlement agreement should be voided as involuntary. Because Ms. Plasai first questioned the voluntariness of the settlement agreement in a petition for review by the full board, not during the dismissal proceeding with the AJ, she has waived this argument before us. | {
"signal": "see also",
"identifier": "229 F.3d 1088, 1091",
"parenthetical": "holding that the issue of the voluntariness of a settlement agreement is waived on appeal if not raised before the Board",
"sentence": "See Bosley v. Merit Sys. Prot. Bd., 162 F.3d 665, 668 (Fed.Cir.1998) (“if the party ... raises an... | {
"signal": "see",
"identifier": "162 F.3d 665, 668",
"parenthetical": "\"if the party ... raises an issue for the first time in a petition for review by the full Board, this court will not consider the issue.\"",
"sentence": "See Bosley v. Merit Sys. Prot. Bd., 162 F.3d 665, 668 (Fed.Cir.1998) (“if the party .... | 5,687,511 | b |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see also",
"identifier": "444 U.S. 37, 42",
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | 3,688,909 | b |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | {
"signal": "see also",
"identifier": null,
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ordinary mean... | 3,688,909 | a |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ordinary mean... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | 3,688,909 | b |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | {
"signal": "see also",
"identifier": "444 U.S. 37, 42",
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ... | 3,688,909 | a |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | {
"signal": "see also",
"identifier": null,
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ordinary mean... | 3,688,909 | a |
Yet, the Board injected ambiguity into K.S.A. 2008 Supp. 44-508(f) when it determined that the statute did not define the phrase "recreational or social event." When deciding whether a statute is ambiguous, a basic principle of statutory construction provides that where words in a statute are not defined, they must be ... | {
"signal": "see",
"identifier": null,
"parenthetical": "words in common use contained within a statute are to be given their natural and ordinary meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natura... | {
"signal": "see also",
"identifier": null,
"parenthetical": "words not defined in a statute should be given ordinary or common meaning",
"sentence": "See Roda v. Williams, 195 Kan. 507, Syl. ¶ 3, 407 P.2d 471 (1965) (words in common use contained within a statute are to be given their natural and ordinary mean... | 3,688,909 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | 9,109,812 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | 9,109,812 | b |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | 9,109,812 | b |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | 9,109,812 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | 9,109,812 | b |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | 9,109,812 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | 9,109,812 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | 9,109,812 | a |
Commentators have suggested that one of the reasons for the absence of a clear framework for determining when the indefinite reach of laws invites arbitrary and discriminatory enforcement may be that the Supreme Court framed vagueness as a procedural doctrine, but used it to invalidate statutes on implicit substantive ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down ordinance making it a crime for \"three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by,\" and citing Kemer Commission Report for proposition that \"alleg... | {
"signal": "see",
"identifier": null,
"parenthetical": "invalidating a vagrancy ordinance classifying \"rogues and vagabonds\" and others as subject to punishment",
"sentence": "Id. at 604-05; see, e.g., Robert C. Post, Reconceptualizing Vagueness: Legal Rules and Social Orders, 82 Cal. L.Rev. 491 (1994) (argu... | 9,109,812 | b |
. Mangum does not argue, and we do not find, that the pertinent statutes are unclear or reasonably susceptible to different interpretations. Therefore, the rule of lenity does not apply here, nor does Mangum argue otherwise. | {
"signal": "but see",
"identifier": null,
"parenthetical": "applying rule of lenity to prohibited possessor statute that could \"be interpreted in two alternative ways\"",
"sentence": "But see State v. Gore, 101 Wash.2d 481, 681 P.2d 227, 230 (1984) (applying rule of lenity to prohibited possessor statute that... | {
"signal": "see also",
"identifier": "445 U.S. 65, 65",
"parenthetical": "lenity principle's \"touchstone ... is statutory ambiguity\" and does not apply when \"statute could not be more plain\"",
"sentence": "See State v. Sanchez, 209 Ariz. 66, ¶ 6, 97 P.3d 891, 893 (App.2004); State v. Fell, 203 Ariz. 186, ¶... | 3,998,359 | b |
. Mangum does not argue, and we do not find, that the pertinent statutes are unclear or reasonably susceptible to different interpretations. Therefore, the rule of lenity does not apply here, nor does Mangum argue otherwise. | {
"signal": "see also",
"identifier": "445 U.S. 65, 65",
"parenthetical": "lenity principle's \"touchstone ... is statutory ambiguity\" and does not apply when \"statute could not be more plain\"",
"sentence": "See State v. Sanchez, 209 Ariz. 66, ¶ 6, 97 P.3d 891, 893 (App.2004); State v. Fell, 203 Ariz. 186, ¶... | {
"signal": "but see",
"identifier": "681 P.2d 227, 230",
"parenthetical": "applying rule of lenity to prohibited possessor statute that could \"be interpreted in two alternative ways\"",
"sentence": "But see State v. Gore, 101 Wash.2d 481, 681 P.2d 227, 230 (1984) (applying rule of lenity to prohibited possess... | 3,998,359 | a |
. Mangum does not argue, and we do not find, that the pertinent statutes are unclear or reasonably susceptible to different interpretations. Therefore, the rule of lenity does not apply here, nor does Mangum argue otherwise. | {
"signal": "see also",
"identifier": "100 S.Ct. 920, 920-21",
"parenthetical": "lenity principle's \"touchstone ... is statutory ambiguity\" and does not apply when \"statute could not be more plain\"",
"sentence": "See State v. Sanchez, 209 Ariz. 66, ¶ 6, 97 P.3d 891, 893 (App.2004); State v. Fell, 203 Ariz. ... | {
"signal": "but see",
"identifier": null,
"parenthetical": "applying rule of lenity to prohibited possessor statute that could \"be interpreted in two alternative ways\"",
"sentence": "But see State v. Gore, 101 Wash.2d 481, 681 P.2d 227, 230 (1984) (applying rule of lenity to prohibited possessor statute that... | 3,998,359 | a |
. Mangum does not argue, and we do not find, that the pertinent statutes are unclear or reasonably susceptible to different interpretations. Therefore, the rule of lenity does not apply here, nor does Mangum argue otherwise. | {
"signal": "but see",
"identifier": "681 P.2d 227, 230",
"parenthetical": "applying rule of lenity to prohibited possessor statute that could \"be interpreted in two alternative ways\"",
"sentence": "But see State v. Gore, 101 Wash.2d 481, 681 P.2d 227, 230 (1984) (applying rule of lenity to prohibited possess... | {
"signal": "see also",
"identifier": "100 S.Ct. 920, 920-21",
"parenthetical": "lenity principle's \"touchstone ... is statutory ambiguity\" and does not apply when \"statute could not be more plain\"",
"sentence": "See State v. Sanchez, 209 Ariz. 66, ¶ 6, 97 P.3d 891, 893 (App.2004); State v. Fell, 203 Ariz. ... | 3,998,359 | b |
Although the police in this case, unlike Edwards, were unaware of the petitioner's prior request for counsel, I do not consider that fact to be significant. Once a defendant invokes his right to counsel, that knowledge is imputed to all law enforcement officials. Therefore, the fact that subsequent interrogating office... | {
"signal": "no signal",
"identifier": "454 U.S. 924, 924",
"parenthetical": "knowledge of petitioner's request for counsel at arraignment imputed to police",
"sentence": "Johnson v. Virginia, 454 U.S. at 924, 102 S.Ct. at 424 (Marshall, J., dissenting) (knowledge of petitioner’s request for counsel at arraignm... | {
"signal": "see also",
"identifier": "527 F.Supp. 310, 310",
"parenthetical": "good faith of officer who questioned suspect after request for counsel is irrelevant",
"sentence": "Johnson v. Virginia, 454 U.S. at 924, 102 S.Ct. at 424 (Marshall, J., dissenting) (knowledge of petitioner’s request for counsel at ... | 1,678,029 | a |
For more than half of this time, Mr. Cluff was in closed quarters with his assailants. They even warned him not to seek help from the guards, warnings that he followed because he was "afraid" and "couldn't handle another beating." | {
"signal": "see",
"identifier": "443 F.3d 712, 712",
"parenthetical": "admitting a statement as an excited utterance over a hearsay objection when there was a thirty-five minute period between assault and statement to police upon arriving on scene",
"sentence": "See Ledford, 443 F.3d at 712 (admitting a statem... | {
"signal": "see also",
"identifier": "156 F.3d 22, 30",
"parenthetical": "admitting a statement as an excited utterance when there was a four-hour delay between spousal beating and statements made by victim at battered women's shelter",
"sentence": "See Ledford, 443 F.3d at 712 (admitting a statement as an exc... | 4,042,664 | a |
For more than half of this time, Mr. Cluff was in closed quarters with his assailants. They even warned him not to seek help from the guards, warnings that he followed because he was "afraid" and "couldn't handle another beating." | {
"signal": "see also",
"identifier": "135 F.3d 116, 128",
"parenthetical": "admitting a statement as an excited utterance when there was a three-hour delay between discovery that people were in burning building and declarant's statement admitting part in arson",
"sentence": "See Ledford, 443 F.3d at 712 (admit... | {
"signal": "see",
"identifier": "443 F.3d 712, 712",
"parenthetical": "admitting a statement as an excited utterance over a hearsay objection when there was a thirty-five minute period between assault and statement to police upon arriving on scene",
"sentence": "See Ledford, 443 F.3d at 712 (admitting a statem... | 4,042,664 | b |
For more than half of this time, Mr. Cluff was in closed quarters with his assailants. They even warned him not to seek help from the guards, warnings that he followed because he was "afraid" and "couldn't handle another beating." | {
"signal": "see also",
"identifier": "922 F.2d 390, 395",
"parenthetical": "admitting a statement as an excited utterance when there was a two-hour delay between shooting and victim's statement identifying perpetrator of shooting",
"sentence": "See Ledford, 443 F.3d at 712 (admitting a statement as an excited ... | {
"signal": "see",
"identifier": "443 F.3d 712, 712",
"parenthetical": "admitting a statement as an excited utterance over a hearsay objection when there was a thirty-five minute period between assault and statement to police upon arriving on scene",
"sentence": "See Ledford, 443 F.3d at 712 (admitting a statem... | 4,042,664 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | 11,490,764 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | 11,490,764 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | 11,490,764 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see",
"identifier": "101 S.Ct. 2153, 2160",
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept... | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | 11,490,764 | a |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | {
"signal": "see",
"identifier": "101 S.Ct. 2153, 2160",
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept... | 11,490,764 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see",
"identifier": "101 S.Ct. 2153, 2160",
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept... | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | 11,490,764 | a |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | 11,490,764 | a |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | 11,490,764 | b |
If Voisinet is indigent, the trial court shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. | {
"signal": "see",
"identifier": null,
"parenthetical": "consideration must be given to the risk that a parent will be erroneously deprived of his or her child because the parent is not represented by counsel",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of... | {
"signal": "see also",
"identifier": null,
"parenthetical": "equal protection requires the state to provide transcript in appeal of right to indigent parent whose parental rights were terminated",
"sentence": "See Tex. Fam.Code Ann. § 107.013 (Vernon Supp. 2000); Lassiter v. Dept. of Soc. Serv. of Durham Count... | 11,490,764 | a |
J.A. 41-42. Given the facts of this case, we cannot conclude that the district court clearly erred when reaching this conclusion. | {
"signal": "see",
"identifier": "77 F.3d 74, 74",
"parenthetical": "\"The district court's decision whether to grant a two-level reduction for acceptance of responsibility is a factual determination that we review for clear error.\"",
"sentence": "See Miller, 77 F.3d at 74 (“The district court’s decision wheth... | {
"signal": "see also",
"identifier": "93 F.3d 682, 689-90",
"parenthetical": "affirming denial of acceptance of responsibility to defendant who received an obstruction of justice enhancement for pre-guiltyplea violation of appearance bond: \"Conduct amounting to escape or violation of an appearance bond is certa... | 3,680,227 | a |
While the second set of notes do not indicate that Brochu was present, this Court finds that National Grid has not met its burden of proving that the interview notes are subject to the attorney-client privilege because they have not proven that Jim Sullivan and Michael Knott were interviewing Caproni, Coyle, and Sulliv... | {
"signal": "see",
"identifier": "26 Mass.App.Ct. 1016, 1016",
"parenthetical": "indicating that when the work product is prepared in \"the ordinary line of business and duty,\" it is not protected by the work product doctrine",
"sentence": "See Shotwell, 26 Mass.App.Ct. at 1016 (indicating that when the work p... | {
"signal": "see also",
"identifier": "134 F.3d 1202, 1202",
"parenthetical": "holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine",
"sentence": "See Shotwell, 26 Mass.App.Ct. at 1016 (ind... | 11,075,102 | a |
The alleged basis for the plaintiffs' non-disclosure claim is that the American Express SEC filings were incorporated by reference in the SPD and those filings failed to disclose material adverse financial information about American Express. Even if the disclosure requirements of ERISA go beyond the specific requiremen... | {
"signal": "see also",
"identifier": "690 F.Supp.2d 271, 271",
"parenthetical": "\"Defendants have no affirmative duty under ERISA to disclose information about the company's financial condition to plan participants.\"",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative decept... | {
"signal": "see",
"identifier": "516 U.S. 506, 506",
"parenthetical": "finding affirmative deception to be a violation of ERISA section 404(a",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative deception to be a violation of ERISA section 404(a) fiduciary duties, but not reach... | 4,184,103 | b |
The alleged basis for the plaintiffs' non-disclosure claim is that the American Express SEC filings were incorporated by reference in the SPD and those filings failed to disclose material adverse financial information about American Express. Even if the disclosure requirements of ERISA go beyond the specific requiremen... | {
"signal": "see also",
"identifier": "690 F.Supp.2d 271, 271",
"parenthetical": "\"Defendants have no affirmative duty under ERISA to disclose information about the company's financial condition to plan participants.\"",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative decept... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding affirmative deception to be a violation of ERISA section 404(a",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative deception to be a violation of ERISA section 404(a) fiduciary duties, but not reaching “the questi... | 4,184,103 | b |
The alleged basis for the plaintiffs' non-disclosure claim is that the American Express SEC filings were incorporated by reference in the SPD and those filings failed to disclose material adverse financial information about American Express. Even if the disclosure requirements of ERISA go beyond the specific requiremen... | {
"signal": "see",
"identifier": "274 F.3d 88, 88",
"parenthetical": "finding affirmative misrepresentations to plan participants violate ERISA fiduciary duties",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative deception to be a violation of ERISA section 404(a) fiduciary dut... | {
"signal": "see also",
"identifier": "690 F.Supp.2d 271, 271",
"parenthetical": "\"Defendants have no affirmative duty under ERISA to disclose information about the company's financial condition to plan participants.\"",
"sentence": "See Varity Corp., 516 U.S. at 506, 116 S.Ct. 1065 (finding affirmative decept... | 4,184,103 | a |
Turning to the circumstances of this case, we are easily convinced that the Unions' concerns have more than a "marginal" relationship to the purposes implicit in the PES. The district court erred in focusing too narrowly on the functions of the PES in isolation from the entire Postal Reorganization Act of 1970 ("PRA"),... | {
"signal": "see",
"identifier": "479 U.S. 401, 401",
"parenthetical": "\"[W]e are not limited to considering the statute under which respondents sued, but may consider any provision that helps us to understand Congress' overall purposes in the National Bank Act.\"",
"sentence": "See Clarke, 479 U.S. at 401, 10... | {
"signal": "see also",
"identifier": "825 F.2d 523, 529",
"parenthetical": "looking beyond the Federal Land Policy and Management Act of 1976 (FLPMA",
"sentence": "See Clarke, 479 U.S. at 401, 107 S.Ct. at 757 (“[W]e are not limited to considering the statute under which respondents sued, but may consider any ... | 10,529,052 | a |
Turning to the circumstances of this case, we are easily convinced that the Unions' concerns have more than a "marginal" relationship to the purposes implicit in the PES. The district court erred in focusing too narrowly on the functions of the PES in isolation from the entire Postal Reorganization Act of 1970 ("PRA"),... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Thus, plaintiffs ... appear to fall within the zone of interests of the statutory scheme represented by three complementary enactments.\"",
"sentence": "See Clarke, 479 U.S. at 401, 107 S.Ct. at 757 (“[W]e are not limited to considering the statute... | {
"signal": "see",
"identifier": "479 U.S. 401, 401",
"parenthetical": "\"[W]e are not limited to considering the statute under which respondents sued, but may consider any provision that helps us to understand Congress' overall purposes in the National Bank Act.\"",
"sentence": "See Clarke, 479 U.S. at 401, 10... | 10,529,052 | b |
Turning to the circumstances of this case, we are easily convinced that the Unions' concerns have more than a "marginal" relationship to the purposes implicit in the PES. The district court erred in focusing too narrowly on the functions of the PES in isolation from the entire Postal Reorganization Act of 1970 ("PRA"),... | {
"signal": "see",
"identifier": "107 S.Ct. 757, 757",
"parenthetical": "\"[W]e are not limited to considering the statute under which respondents sued, but may consider any provision that helps us to understand Congress' overall purposes in the National Bank Act.\"",
"sentence": "See Clarke, 479 U.S. at 401, 1... | {
"signal": "see also",
"identifier": "825 F.2d 523, 529",
"parenthetical": "looking beyond the Federal Land Policy and Management Act of 1976 (FLPMA",
"sentence": "See Clarke, 479 U.S. at 401, 107 S.Ct. at 757 (“[W]e are not limited to considering the statute under which respondents sued, but may consider any ... | 10,529,052 | a |
Turning to the circumstances of this case, we are easily convinced that the Unions' concerns have more than a "marginal" relationship to the purposes implicit in the PES. The district court erred in focusing too narrowly on the functions of the PES in isolation from the entire Postal Reorganization Act of 1970 ("PRA"),... | {
"signal": "see",
"identifier": "107 S.Ct. 757, 757",
"parenthetical": "\"[W]e are not limited to considering the statute under which respondents sued, but may consider any provision that helps us to understand Congress' overall purposes in the National Bank Act.\"",
"sentence": "See Clarke, 479 U.S. at 401, 1... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Thus, plaintiffs ... appear to fall within the zone of interests of the statutory scheme represented by three complementary enactments.\"",
"sentence": "See Clarke, 479 U.S. at 401, 107 S.Ct. at 757 (“[W]e are not limited to considering the statute... | 10,529,052 | a |
In addition, the vast majority of the prosecutor's argument focused on the evidence. Fernandez's lawyer thoroughly responded to the improper remarks in his own closing. | {
"signal": "see",
"identifier": null,
"parenthetical": "partial acquittal \"reinforces our conclusion that the prosecutor's remarks did not undermine the jury's ability to view the evidence independently and fairly\"",
"sentence": "See Young, 470 U.S. at 18 n.15, 105 S.Ct. 1038 (partial acquittal “reinforces o... | {
"signal": "no signal",
"identifier": "659 F.3d 1261, 1261",
"parenthetical": "improper comment was \"the last argument the jury heard before going to the jury room to deliberate\"",
"sentence": "Compare Wright, 625 F.3d at 613 (improper comment “was mitigated by defense counsel’s excellent rebuttal”), with Sa... | 12,265,495 | b |
In addition, the vast majority of the prosecutor's argument focused on the evidence. Fernandez's lawyer thoroughly responded to the improper remarks in his own closing. | {
"signal": "see",
"identifier": null,
"parenthetical": "partial acquittal \"reinforces our conclusion that the prosecutor's remarks did not undermine the jury's ability to view the evidence independently and fairly\"",
"sentence": "See Young, 470 U.S. at 18 n.15, 105 S.Ct. 1038 (partial acquittal “reinforces o... | {
"signal": "no signal",
"identifier": "659 F.3d 1261, 1261",
"parenthetical": "improper comment was \"the last argument the jury heard before going to the jury room to deliberate\"",
"sentence": "Compare Wright, 625 F.3d at 613 (improper comment “was mitigated by defense counsel’s excellent rebuttal”), with Sa... | 12,265,495 | b |
Indeed, the fact that the Board's decision is almost entirely unexplained strongly suggests that the Board simply applied subsection (i)(B), which -- post-amendment--plainly forecloses UPMC's interest claim. Thus, the Court must vacate and remand. | {
"signal": "see",
"identifier": "52 F.3d 363, 365",
"parenthetical": "\"[W]hen a court reviewing agency action determines that an agency made an error of law, the court's inquiry is at an end: the case must be remanded tq the agency for further action consistent with the corrected legal standards.\"",
"sentenc... | {
"signal": "cf.",
"identifier": "318 U.S. 80, 95",
"parenthetical": "\"[A]n administrative order cannot be upheld unless the grounds upon which the agency acted in exercising its powers were those upon which its action can be sustained.\"",
"sentence": "See PPG Indus., Inc. v. United States, 52 F.3d 363, 365 (... | 4,189,630 | a |
Indeed, the fact that the Board's decision is almost entirely unexplained strongly suggests that the Board simply applied subsection (i)(B), which -- post-amendment--plainly forecloses UPMC's interest claim. Thus, the Court must vacate and remand. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[A]n administrative order cannot be upheld unless the grounds upon which the agency acted in exercising its powers were those upon which its action can be sustained.\"",
"sentence": "See PPG Indus., Inc. v. United States, 52 F.3d 363, 365 (D.C.Cir.1995)... | {
"signal": "see",
"identifier": "52 F.3d 363, 365",
"parenthetical": "\"[W]hen a court reviewing agency action determines that an agency made an error of law, the court's inquiry is at an end: the case must be remanded tq the agency for further action consistent with the corrected legal standards.\"",
"sentenc... | 4,189,630 | b |
Indeed, the fact that the Board's decision is almost entirely unexplained strongly suggests that the Board simply applied subsection (i)(B), which -- post-amendment--plainly forecloses UPMC's interest claim. Thus, the Court must vacate and remand. | {
"signal": "see",
"identifier": "52 F.3d 363, 365",
"parenthetical": "\"[W]hen a court reviewing agency action determines that an agency made an error of law, the court's inquiry is at an end: the case must be remanded tq the agency for further action consistent with the corrected legal standards.\"",
"sentenc... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[A]n administrative order cannot be upheld unless the grounds upon which the agency acted in exercising its powers were those upon which its action can be sustained.\"",
"sentence": "See PPG Indus., Inc. v. United States, 52 F.3d 363, 365 (D.C.Cir.1995)... | 4,189,630 | a |
J.A. 51. In such circumstances, the district court acted well within its discretion in not ordering a competency hearing on its own motion. | {
"signal": "see",
"identifier": "306 F.3d 1233, 1233-34",
"parenthetical": "identifying no abuse of discretion in failure sua sponte to order hearing because district court's observations and defense counsel's assurances as to defendant's competence \"overcome any reasonable doubt ... that may have been raised b... | {
"signal": "cf.",
"identifier": "98 F.3d 258, 261-62",
"parenthetical": "concluding district court should have ordered sua sponte competency hearing where defendant suffered stroke that caused him \"serious difficulty speaking and some paralysis, and ... some impairment of memory and understanding\" when convers... | 4,084,283 | a |
Thus, the complainant's testimony was circumstantial evidence of appellant's guilt as a party to aggravated robbery. However, under these circumstances, we conclude that unchallenged direct evidence provided by a criminal cohort is "clearly" more persuasive to a jury than challenged circumstantial evidence. | {
"signal": "see",
"identifier": "25 S.W.3d 808, 808",
"parenthetical": "although State offered documentary circumstantial evidence of defendant's participation in theft, only non-testifying cohort's statement implicated defendant through \"eye-witness evidence,\" causing unchallenged accusation to be more persua... | {
"signal": "see also",
"identifier": "56 S.W.3d 893, 893",
"parenthetical": "although \"considerable circumstantial evidence\" linked defendant to crime, non-testifying co-defendant's direct allegation that defendant planned murders, provided weapons, entered victims' house, and fired gun was more persuasive to ... | 9,278,634 | a |
. Contrary to the concurrence's assertion, this rule does not risk encroaching on Fourth Amendment rights. Computer users can protect their files by using a password, just as one who shares a footlocker can protect his photographs by placing them in a locked container inside the footlocker. | {
"signal": "see",
"identifier": "27 F.3d 947, 957",
"parenthetical": "explaining that consent to search an area does not include consent to search locked containers in that area",
"sentence": "See, e.g., United States v. Andrus, 483 F.3d 711, 718-20 (10th Cir.2007); United States v. Kim, 27 F.3d 947, 957 (3d C... | {
"signal": "see also",
"identifier": "547 U.S. 135, 135",
"parenthetical": "\"To the extent a person wants to ensure that his possessions will be subject to a consent search only due to his own consent, he is free to place these items in an area over which others do not share access and control, be it a private ... | 4,228,246 | a |
. Contrary to the concurrence's assertion, this rule does not risk encroaching on Fourth Amendment rights. Computer users can protect their files by using a password, just as one who shares a footlocker can protect his photographs by placing them in a locked container inside the footlocker. | {
"signal": "see",
"identifier": "27 F.3d 947, 957",
"parenthetical": "explaining that consent to search an area does not include consent to search locked containers in that area",
"sentence": "See, e.g., United States v. Andrus, 483 F.3d 711, 718-20 (10th Cir.2007); United States v. Kim, 27 F.3d 947, 957 (3d C... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"To the extent a person wants to ensure that his possessions will be subject to a consent search only due to his own consent, he is free to place these items in an area over which others do not share access and control, be it a private room or a locke... | 4,228,246 | a |
. Contrary to the concurrence's assertion, this rule does not risk encroaching on Fourth Amendment rights. Computer users can protect their files by using a password, just as one who shares a footlocker can protect his photographs by placing them in a locked container inside the footlocker. | {
"signal": "see also",
"identifier": "275 F.3d 391, 403",
"parenthetical": "\"To the extent a person wants to ensure that his possessions will be subject to a consent search only due to his own consent, he is free to place these items in an area over which others do not share access and control, be it a private ... | {
"signal": "see",
"identifier": "27 F.3d 947, 957",
"parenthetical": "explaining that consent to search an area does not include consent to search locked containers in that area",
"sentence": "See, e.g., United States v. Andrus, 483 F.3d 711, 718-20 (10th Cir.2007); United States v. Kim, 27 F.3d 947, 957 (3d C... | 4,228,246 | b |
He also argues that his right to liberty protects him from being compelled to contract with an attorney. We are unaware of any U.S. Constitutional decision that declares citizens to have a right to self-representation in civil proceedings. Yet, arguing against such a right is nearly frivolous. | {
"signal": "see",
"identifier": "404 U.S. 519, 520",
"parenthetical": "pleadings drafted by pro se litigants shall be held to less stringent standards than pleadings drafted by attorneys",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro s... | {
"signal": "see also",
"identifier": "262 S.W.3d 205, 210",
"parenthetical": "holding that pro se litigants must follow the Kentucky Rules of Civil Procedure",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants shall be held to ... | 7,327,380 | a |
He also argues that his right to liberty protects him from being compelled to contract with an attorney. We are unaware of any U.S. Constitutional decision that declares citizens to have a right to self-representation in civil proceedings. Yet, arguing against such a right is nearly frivolous. | {
"signal": "see",
"identifier": "92 S.Ct. 594, 596",
"parenthetical": "pleadings drafted by pro se litigants shall be held to less stringent standards than pleadings drafted by attorneys",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro s... | {
"signal": "see also",
"identifier": "262 S.W.3d 205, 210",
"parenthetical": "holding that pro se litigants must follow the Kentucky Rules of Civil Procedure",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants shall be held to ... | 7,327,380 | a |
He also argues that his right to liberty protects him from being compelled to contract with an attorney. We are unaware of any U.S. Constitutional decision that declares citizens to have a right to self-representation in civil proceedings. Yet, arguing against such a right is nearly frivolous. | {
"signal": "see also",
"identifier": "262 S.W.3d 205, 210",
"parenthetical": "holding that pro se litigants must follow the Kentucky Rules of Civil Procedure",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants shall be held to ... | {
"signal": "see",
"identifier": null,
"parenthetical": "pleadings drafted by pro se litigants shall be held to less stringent standards than pleadings drafted by attorneys",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants sha... | 7,327,380 | b |
He also argues that his right to liberty protects him from being compelled to contract with an attorney. We are unaware of any U.S. Constitutional decision that declares citizens to have a right to self-representation in civil proceedings. Yet, arguing against such a right is nearly frivolous. | {
"signal": "see",
"identifier": "692 F.2d 863, 867",
"parenthetical": "self-representation in civil cases is a right of \"high standing\"",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants shall be held to less stringent stand... | {
"signal": "see also",
"identifier": "262 S.W.3d 205, 210",
"parenthetical": "holding that pro se litigants must follow the Kentucky Rules of Civil Procedure",
"sentence": "See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (pleadings drafted by pro se litigants shall be held to ... | 7,327,380 | a |
Courts in other states have repeatedly found that in the absence of actual control, a property owner owes no duty to a contractor or a contractor's employee who suffers injury from being electrocuted on the property owner's premises. | {
"signal": "no signal",
"identifier": "875 F.2d 603, 605-07",
"parenthetical": "rejecting the claim of a contractor's employee that the premises owner had a duty to deenergize the lines where the contractor worked",
"sentence": "Merritt v. Bethlehem Steel Corp., 875 F.2d 603, 605-07 (7th Cir.1989) (rejecting t... | {
"signal": "cf.",
"identifier": "420 Fed.Appx. 358, 362",
"parenthetical": "holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution",
"sentence": "Merritt v. Bethlehem Steel Corp., 875 F.2d 603, 605-07 (7th Cir.1989) (rejecting the claim of a contrac... | 7,068,160 | a |
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