context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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We agree that he received something, and that it would be hard to call it anything but an appeal, but we cannot agree that what he received passed constitutional muster. The purpose of having counsel on appeal is to get a decision on the merits of the appealable issues the record presents. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[t]he right to the effective assistance of counsel is ... the right of the accused to require the prosecution's case to survive the crucible of meaningful adversarial testing\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services o... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"the services of a lawyer will for virtually every layman be necessary to present an appeal in a form suitable for appellate consideration on the merits\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services of a lawyer will for virtuall... | 11,145,856 | b |
We agree that he received something, and that it would be hard to call it anything but an appeal, but we cannot agree that what he received passed constitutional muster. The purpose of having counsel on appeal is to get a decision on the merits of the appealable issues the record presents. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"the services of a lawyer will for virtually every layman be necessary to present an appeal in a form suitable for appellate consideration on the merits\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services of a lawyer will for virtuall... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[t]he right to the effective assistance of counsel is ... the right of the accused to require the prosecution's case to survive the crucible of meaningful adversarial testing\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services o... | 11,145,856 | a |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "see",
"identifier": "501 U.S. 797, 805",
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797... | {
"signal": "cf.",
"identifier": "568 F.3d 1091, 1099",
"parenthetical": "reviewing a state appellate court decision in an AEDPA case where the state supreme court had denied the petition for review of that decision without comment",
"sentence": "Cf. Holley v. Yarborough, 568 F.3d 1091, 1099 (9th Cir.2009) (rev... | 5,755,856 | a |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "see",
"identifier": "501 U.S. 797, 805",
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "treating state supreme court decision as \"last reasoned decision\" as to claims that it explicitly decided, and state appeals court ruling as \"last reasoned decision\" as to claims the supreme court declined to address",
"sentence": "Cf. Holley v. Yarbo... | 5,755,856 | a |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "cf.",
"identifier": "568 F.3d 1091, 1099",
"parenthetical": "reviewing a state appellate court decision in an AEDPA case where the state supreme court had denied the petition for review of that decision without comment",
"sentence": "Cf. Holley v. Yarborough, 568 F.3d 1091, 1099 (9th Cir.2009) (rev... | {
"signal": "see",
"identifier": null,
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797, 805, 111 S.Ct... | 5,755,856 | b |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "see",
"identifier": null,
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797, 805, 111 S.Ct... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "treating state supreme court decision as \"last reasoned decision\" as to claims that it explicitly decided, and state appeals court ruling as \"last reasoned decision\" as to claims the supreme court declined to address",
"sentence": "Cf. Holley v. Yarbo... | 5,755,856 | a |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "cf.",
"identifier": "568 F.3d 1091, 1099",
"parenthetical": "reviewing a state appellate court decision in an AEDPA case where the state supreme court had denied the petition for review of that decision without comment",
"sentence": "Cf. Holley v. Yarborough, 568 F.3d 1091, 1099 (9th Cir.2009) (rev... | {
"signal": "see",
"identifier": null,
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797, 805, 111 S.Ct... | 5,755,856 | b |
The policy of the United States Supreme Court is that "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who con curred in the judgments on the narrowest grounds." The ... | {
"signal": "see",
"identifier": null,
"parenthetical": "looking to the \"last explained state-court judgment\" to determine state courts' basis for rejecting a habeas petitioner's claims, ignoring only a \"silent\" disposition by a higher court",
"sentence": "See Ylst v. Nunnemaker, 501 U.S. 797, 805, 111 S.Ct... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "treating state supreme court decision as \"last reasoned decision\" as to claims that it explicitly decided, and state appeals court ruling as \"last reasoned decision\" as to claims the supreme court declined to address",
"sentence": "Cf. Holley v. Yarbo... | 5,755,856 | a |
Our precedent, however, leads to the conclusion that SS 1252(a)(2)(B)(i) overcomes this presumption and places claims like Leyva's beyond the limits of our jurisdiction. | {
"signal": "see",
"identifier": "363 F.3d 649, 653",
"parenthetical": "concluding that, even if the petitioner had asserted properly a denial of due process under the Fifth Amendment, SS 1252(a",
"sentence": "See Dave v. Ashcroft, 363 F.3d 649, 653 (7th Cir.2004) (concluding that, even if the petitioner had as... | {
"signal": "see also",
"identifier": "309 F.3d 441, 446",
"parenthetical": "concluding that a jurisdiction-limiting provision precluded our consideration of the petitioner's \"claim that his Fifth Amendment due process rights were violated\"",
"sentence": "See Dave v. Ashcroft, 363 F.3d 649, 653 (7th Cir.2004)... | 9,210,061 | a |
The Sixth Amendment right to a trial by jury requires "criminal convie-tions to rest upon a jury determination that the defendant is guilty of every element of the erime with which he is charged, beyond a reasonable doubt." However, a judgment of NGRI does not constitute a conviction; rather, it operates as an acquitta... | {
"signal": "see",
"identifier": "869 P.2d 207, 209",
"parenthetical": "stating that a person committed after a finding of insanity \"will not actually have been convicted of the crime charged\"",
"sentence": "See Jacobs v. Carmel, 869 P.2d 207, 209 (Colo.1994) (stating that a person committed after a finding o... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that insanity is \"a complete defense to the criminal charge\"",
"sentence": "See Jacobs v. Carmel, 869 P.2d 207, 209 (Colo.1994) (stating that a person committed after a finding of insanity \"will not actually have been convicted of the crim... | 6,985,109 | a |
The Sixth Amendment right to a trial by jury requires "criminal convie-tions to rest upon a jury determination that the defendant is guilty of every element of the erime with which he is charged, beyond a reasonable doubt." However, a judgment of NGRI does not constitute a conviction; rather, it operates as an acquitta... | {
"signal": "see also",
"identifier": "503 P.2d 1029, 1033",
"parenthetical": "holding that insanity is \"a complete defense to the criminal charge\"",
"sentence": "See Jacobs v. Carmel, 869 P.2d 207, 209 (Colo.1994) (stating that a person committed after a finding of insanity \"will not actually have been conv... | {
"signal": "see",
"identifier": "869 P.2d 207, 209",
"parenthetical": "stating that a person committed after a finding of insanity \"will not actually have been convicted of the crime charged\"",
"sentence": "See Jacobs v. Carmel, 869 P.2d 207, 209 (Colo.1994) (stating that a person committed after a finding o... | 6,985,109 | b |
Because defendants were put on notice of the factual predicate for all of the potential antitrust claims -- whether federal or state-- of class members, regardless of whether they stayed in the class or opted out and filed individual actions, no "potential for unfair surprise" would be created by tolling the statutes o... | {
"signal": "no signal",
"identifier": "462 U.S. 353, 353",
"parenthetical": "once class action is filed, \"[t]he defendant will be aware of the need to preserve evidence and witnesses respecting the claims of all the members of the class\"",
"sentence": "Crown, Cork, 462 U.S. at 353, 103 S.Ct. 2392 (once class... | {
"signal": "see also",
"identifier": "763 N.E.2d 163, 163",
"parenthetical": "when a class action is filed, \"the defendant is put on notice of the substance and nature of the claims against it\" as to any subsequent individual claims that might be asserted arising out of the same set of facts",
"sentence": "S... | 1,336,434 | a |
Because defendants were put on notice of the factual predicate for all of the potential antitrust claims -- whether federal or state-- of class members, regardless of whether they stayed in the class or opted out and filed individual actions, no "potential for unfair surprise" would be created by tolling the statutes o... | {
"signal": "see also",
"identifier": "726 A.2d 967, 967",
"parenthetical": "\"although defendants did not know of the specific claim of these plaintiffs until they commenced this suit, defendants knew within the period of limitations that if they were successful in defeating class certification, they would proba... | {
"signal": "no signal",
"identifier": "462 U.S. 353, 353",
"parenthetical": "once class action is filed, \"[t]he defendant will be aware of the need to preserve evidence and witnesses respecting the claims of all the members of the class\"",
"sentence": "Crown, Cork, 462 U.S. at 353, 103 S.Ct. 2392 (once class... | 1,336,434 | b |
Because defendants were put on notice of the factual predicate for all of the potential antitrust claims -- whether federal or state-- of class members, regardless of whether they stayed in the class or opted out and filed individual actions, no "potential for unfair surprise" would be created by tolling the statutes o... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "once class action is filed, \"[t]he defendant will be aware of the need to preserve evidence and witnesses respecting the claims of all the members of the class\"",
"sentence": "Crown, Cork, 462 U.S. at 353, 103 S.Ct. 2392 (once class action is file... | {
"signal": "see also",
"identifier": "763 N.E.2d 163, 163",
"parenthetical": "when a class action is filed, \"the defendant is put on notice of the substance and nature of the claims against it\" as to any subsequent individual claims that might be asserted arising out of the same set of facts",
"sentence": "S... | 1,336,434 | a |
Because defendants were put on notice of the factual predicate for all of the potential antitrust claims -- whether federal or state-- of class members, regardless of whether they stayed in the class or opted out and filed individual actions, no "potential for unfair surprise" would be created by tolling the statutes o... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "once class action is filed, \"[t]he defendant will be aware of the need to preserve evidence and witnesses respecting the claims of all the members of the class\"",
"sentence": "Crown, Cork, 462 U.S. at 353, 103 S.Ct. 2392 (once class action is file... | {
"signal": "see also",
"identifier": "726 A.2d 967, 967",
"parenthetical": "\"although defendants did not know of the specific claim of these plaintiffs until they commenced this suit, defendants knew within the period of limitations that if they were successful in defeating class certification, they would proba... | 1,336,434 | a |
. In contrast, if the worker accepts an assignment from the temporary agency, but refuses without good cause to complete that specific assignment, the worker may face disqualification under the "quit" provisions. | {
"signal": "see",
"identifier": "349 N.W.2d 339, 341",
"parenthetical": "disqualifying relator for quitting when he accepted two-week assignment from temporary agency, but worked only one day and then refused to complete assignment",
"sentence": "See McDonnell v. Anytime Temporaries, 349 N.W.2d 339, 341 (Minn.... | {
"signal": "see also",
"identifier": "389 N.W.2d 236, 240-41",
"parenthetical": "relator who accepted six-week assignment with temporary agency, then quit after two days, was not disqualified, but her benefits were suspended for period she would have held temporary assignment",
"sentence": "See McDonnell v. An... | 11,457,524 | a |
As the district court held, "circuit law is not clearly established federal law as determined by the Supreme Court and is not, alone, a basis for the Court to grant habeas relief." | {
"signal": "see",
"identifier": "130 S.Ct. 1855, 1866",
"parenthetical": "stating a court of appeal's decision \"does not constitute clearly established Federal law, as determined by the Supreme Court, SS 2254(d)(1), so any failure to apply that decision cannot independently authorize habeas relief under AEDPA\"... | {
"signal": "but see",
"identifier": "200 F.3d 597, 600",
"parenthetical": "stating Circuit law \"may be persuasive authority for purposes of determining whether a particular state court decision is an 'unreasonable application' of Supreme Court law, and also may help [courts of appeals] determine what law is 'cl... | 3,514,925 | a |
As the district court held, "circuit law is not clearly established federal law as determined by the Supreme Court and is not, alone, a basis for the Court to grant habeas relief." | {
"signal": "but see",
"identifier": "200 F.3d 597, 600",
"parenthetical": "stating Circuit law \"may be persuasive authority for purposes of determining whether a particular state court decision is an 'unreasonable application' of Supreme Court law, and also may help [courts of appeals] determine what law is 'cl... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating a court of appeal's decision \"does not constitute clearly established Federal law, as determined by the Supreme Court, SS 2254(d)(1), so any failure to apply that decision cannot independently authorize habeas relief under AEDPA\"",
"sentence": "... | 3,514,925 | b |
As the district court held, "circuit law is not clearly established federal law as determined by the Supreme Court and is not, alone, a basis for the Court to grant habeas relief." | {
"signal": "see",
"identifier": "598 F.3d 612, 617",
"parenthetical": "\"[Cjlearly established law as determined by [the Supreme Court] refers to the holdings, as opposed to the dicta, of [the Supreme Court's decisions].\" (alterations in original",
"sentence": "See Renico v. Lett, — U.S. —, 130 S.Ct. 1855, 18... | {
"signal": "but see",
"identifier": "200 F.3d 597, 600",
"parenthetical": "stating Circuit law \"may be persuasive authority for purposes of determining whether a particular state court decision is an 'unreasonable application' of Supreme Court law, and also may help [courts of appeals] determine what law is 'cl... | 3,514,925 | a |
The determination of what is reasonable falls squarely within the province of the fact finder -- "what is a reasonable time is a question of fact, varied by the circumstances of each case." Further, in the context of the supreme court's analysis of "the circumstances" of that case, the reference to "reasonable time" an... | {
"signal": "cf.",
"identifier": "908 S.W.2d 415, 426",
"parenthetical": "injured party, following a breach, must exercise reasonable care to minimize his damages if it can be done with slight expense and reasonable effort",
"sentence": "See 65 Tex. at 591 (court discusses plaintiffs efforts to sell property af... | {
"signal": "see",
"identifier": "65 Tex. 591, 591",
"parenthetical": "court discusses plaintiffs efforts to sell property after breach and not the actual market conditions during the period between breach and resale",
"sentence": "See 65 Tex. at 591 (court discusses plaintiffs efforts to sell property after br... | 7,322,821 | b |
The officer in this case asked one question relating to the name "Steve Snobl" on the rental agreement and was told by Mr. Williams that the individual was his uncle who had rented the car in Phoenix. The remaining questions, as well as the subsequent detention of Mr. Williams, focused on whether Mr. Williams was carry... | {
"signal": "see also",
"identifier": "264 F.3d 1230, 1230",
"parenthetical": "noting that investigations of traffic violations \" 'are circumscribed by Terry's scope requirement' \"",
"sentence": "See United States v. Jones, 44 F.3d 860, 872 (10th Cir.1995) (questions regarding contraband that were concurrent ... | {
"signal": "see",
"identifier": "44 F.3d 860, 872",
"parenthetical": "questions regarding contraband that were concurrent with a legitimate detention were justified only on reasonable suspicion of drug activity",
"sentence": "See United States v. Jones, 44 F.3d 860, 872 (10th Cir.1995) (questions regarding con... | 9,467,870 | b |
One way that the Supreme Court has ensured that the Cronic exception will remain rare, the scope of the decision will be narrow, and the burden of establishing the exception will be heavy is by requiring that there be a complete denial or total failure of counsel, if not at trial generally, at least at a critical stage... | {
"signal": "see also",
"identifier": "535 U.S. 697, 697",
"parenthetical": "noting that counsel's failure to test the prosecution's case \"at specific points\" does not rise to the level of Cronic error",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance is... | {
"signal": "see",
"identifier": "466 U.S. 659, 659",
"parenthetical": "\"The presumption that counsel's assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.\"",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The... | 12,277,144 | b |
One way that the Supreme Court has ensured that the Cronic exception will remain rare, the scope of the decision will be narrow, and the burden of establishing the exception will be heavy is by requiring that there be a complete denial or total failure of counsel, if not at trial generally, at least at a critical stage... | {
"signal": "see",
"identifier": "466 U.S. 659, 659",
"parenthetical": "\"The presumption that counsel's assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.\"",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The... | {
"signal": "see also",
"identifier": "122 S.Ct. 1851, 1851",
"parenthetical": "noting that counsel's failure to test the prosecution's case \"at specific points\" does not rise to the level of Cronic error",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance... | 12,277,144 | a |
One way that the Supreme Court has ensured that the Cronic exception will remain rare, the scope of the decision will be narrow, and the burden of establishing the exception will be heavy is by requiring that there be a complete denial or total failure of counsel, if not at trial generally, at least at a critical stage... | {
"signal": "see also",
"identifier": "535 U.S. 697, 697",
"parenthetical": "noting that counsel's failure to test the prosecution's case \"at specific points\" does not rise to the level of Cronic error",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance is... | {
"signal": "see",
"identifier": "104 S.Ct. 2047, 2047",
"parenthetical": "\"The presumption that counsel's assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.\"",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“... | 12,277,144 | b |
One way that the Supreme Court has ensured that the Cronic exception will remain rare, the scope of the decision will be narrow, and the burden of establishing the exception will be heavy is by requiring that there be a complete denial or total failure of counsel, if not at trial generally, at least at a critical stage... | {
"signal": "see also",
"identifier": "122 S.Ct. 1851, 1851",
"parenthetical": "noting that counsel's failure to test the prosecution's case \"at specific points\" does not rise to the level of Cronic error",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance... | {
"signal": "see",
"identifier": "104 S.Ct. 2047, 2047",
"parenthetical": "\"The presumption that counsel's assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.\"",
"sentence": "See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“... | 12,277,144 | b |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "see",
"identifier": null,
"parenthetical": "no jurisdiction over claim for refusal of reenlistment absent some special provision of law giving a right to reenlist",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The established rule is that one is ... | {
"signal": "no signal",
"identifier": "424 U.S. 392, 402",
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The esta... | 3,350,629 | b |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "no signal",
"identifier": "424 U.S. 392, 402",
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The esta... | {
"signal": "see",
"identifier": "206 Ct.Cl. 723, 723",
"parenthetical": "\"United States has undertaken to pay ... [enlisted men] only to the end of the current enlistment, unless it properly discharges them prior to that time....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, ... | 3,350,629 | a |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "no signal",
"identifier": "96 S.Ct. 948, 955",
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The esta... | {
"signal": "see",
"identifier": null,
"parenthetical": "no jurisdiction over claim for refusal of reenlistment absent some special provision of law giving a right to reenlist",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The established rule is that one is ... | 3,350,629 | a |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "no signal",
"identifier": "96 S.Ct. 948, 955",
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The esta... | {
"signal": "see",
"identifier": "206 Ct.Cl. 723, 723",
"parenthetical": "\"United States has undertaken to pay ... [enlisted men] only to the end of the current enlistment, unless it properly discharges them prior to that time....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, ... | 3,350,629 | a |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "see",
"identifier": null,
"parenthetical": "no jurisdiction over claim for refusal of reenlistment absent some special provision of law giving a right to reenlist",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The established rule is that one is ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The established rule is... | 3,350,629 | b |
6. Even if the court were to hold for plaintiff, any order would be limited to restoration of pay forfeited and rank, ex-pungement of reference to the Article 15 proceedings in plaintiff's records, and back-pay for the pay differential until plaintiff's enlistment expired. The court lacks the power to effect plaintiff'... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"The established rule is that one is not entitled to the benefits of a position until he has been duly appointed to it....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, 47 L.Ed. 114 (1976) (“The established rule is... | {
"signal": "see",
"identifier": "206 Ct.Cl. 723, 723",
"parenthetical": "\"United States has undertaken to pay ... [enlisted men] only to the end of the current enlistment, unless it properly discharges them prior to that time....\"",
"sentence": "United States v. Testan, 424 U.S. 392, 402, 96 S.Ct. 948, 955, ... | 3,350,629 | a |
By the time the officers arrived at Dagdagan's home, any emergency or exigency that might have justified their warrantless entry had long since passed. | {
"signal": "cf.",
"identifier": "547 U.S. 406, 406",
"parenthetical": "finding warrantless entry justified to provide assistance where officers witnessed, through a window, a young man striking an adult in the face, \"sending the adult to the sink spitting blood\"",
"sentence": "See United States v. Johnson, 2... | {
"signal": "see",
"identifier": "256 F.3d 895, 907",
"parenthetical": "\"[T]he critical time for determining whether any exigency exists is the moment the officer makes the warrantless entry.\"",
"sentence": "See United States v. Johnson, 256 F.3d 895, 907 (9th Cir.2001) (“[T]he critical time for determining w... | 5,702,013 | b |
By the time the officers arrived at Dagdagan's home, any emergency or exigency that might have justified their warrantless entry had long since passed. | {
"signal": "see",
"identifier": "256 F.3d 895, 907",
"parenthetical": "\"[T]he critical time for determining whether any exigency exists is the moment the officer makes the warrantless entry.\"",
"sentence": "See United States v. Johnson, 256 F.3d 895, 907 (9th Cir.2001) (“[T]he critical time for determining w... | {
"signal": "cf.",
"identifier": "126 S.Ct. 1949, 1949",
"parenthetical": "finding warrantless entry justified to provide assistance where officers witnessed, through a window, a young man striking an adult in the face, \"sending the adult to the sink spitting blood\"",
"sentence": "See United States v. Johnson... | 5,702,013 | a |
122 This rationale of full disclosure similarly applies in situations in which defendants raise other mental conditions to aid in their defense. | {
"signal": "see also",
"identifier": "862 P.2d 908, 914",
"parenthetical": "construing provisions in the context of the statute as a whole",
"sentence": "See People v. Herrera, 87 P.3d 240, 247 (Colo.App.2003) (noting that the provision precluding defense expert testimony on mental condition unless the defenda... | {
"signal": "see",
"identifier": "87 P.3d 240, 247",
"parenthetical": "noting that the provision precluding defense expert testimony on mental condition unless the defendant cooperates with compulsory mental examination \"is simply another means to discourage defendants from raising an insanity defense and then r... | 6,973,406 | b |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "see",
"identifier": "78 N.Y.2d 60, 60",
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interp... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by the lower Federal ... | 12,122,596 | a |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "see",
"identifier": "78 N.Y.2d 60, 60",
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interp... | {
"signal": "cf.",
"identifier": "755 N.Y.S.2d 866, 867",
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by... | 12,122,596 | a |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by the lower Federal ... | 12,122,596 | a |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "cf.",
"identifier": "755 N.Y.S.2d 866, 867",
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a ... | 12,122,596 | b |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by the lower Federal ... | 12,122,596 | a |
New York courts are not bound by Second Circuit interpretations of state case law. This is true even if the Second Circuit has placed a gloss on a state court decision in order to rescue that decision from federal constitutional shoals. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he interpretation of a Federal constitutional question by the lower Federal courts ... [is] not binding [on the New York Court of Appeals].\"",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a ... | {
"signal": "cf.",
"identifier": "755 N.Y.S.2d 866, 867",
"parenthetical": "rejecting a lower federal court's conclusion that state law violated the federal constitution",
"sentence": "See Kin Kan, 78 N.Y.2d at 60, 571 N.Y.S.2d 436, 574 N.E.2d 1042, (“[T]he interpretation of a Federal constitutional question by... | 12,122,596 | a |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see also",
"identifier": "466 U.S. 602, 618",
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.... | {
"signal": "see",
"identifier": "424 U.S. 319, 328",
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t... | 6,046,253 | b |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | {
"signal": "see",
"identifier": "424 U.S. 319, 328",
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t... | 6,046,253 | b |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see",
"identifier": "424 U.S. 319, 328",
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | 6,046,253 | a |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | {
"signal": "see also",
"identifier": "466 U.S. 602, 618",
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.... | 6,046,253 | a |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | 6,046,253 | b |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | 6,046,253 | b |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see also",
"identifier": "466 U.S. 602, 618",
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | 6,046,253 | b |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | 6,046,253 | a |
At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF disch... | {
"signal": "see",
"identifier": null,
"parenthetical": "providing that under the exhaustion requirement of 42 U.S.C. SS 405(g",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable el... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.\"",
"sentence": "See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.E... | 6,046,253 | a |
First, the medical records from the relevant period provide substantial evidence for the ALJ's implicit finding that Christina did not meet or medically equal the criteria for subsections B or C of Listing 103.03. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that ALJ's failure to address specific listing is not reversible error if record supports overall conclusion",
"sentence": "See Moore ex rel. Moore v. Barnhart, 413 F.3d 718, 721 n. 3 (8th Cir.2005) (noting that ALJ’s failure to address specific li... | {
"signal": "see also",
"identifier": "405 F.3d 685, 689",
"parenthetical": "child's impairment is medically equal to listing if it is at least equal in severity and duration to listing's medical criteria",
"sentence": "See Moore ex rel. Moore v. Barnhart, 413 F.3d 718, 721 n. 3 (8th Cir.2005) (noting that ALJ’... | 3,886,925 | a |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see",
"identifier": "121 Wn.2d 707, 712",
"parenthetical": "permitting appellate review of a criminal sentence where a defendant can demonstrate that the \"sentencing court had a duty to follow some specific procedure required by the [Sentencing Reform Act], and that the court failed to do so\"",
"... | {
"signal": "see also",
"identifier": "112 Wn.2d 419, 423",
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be cons... | 1,292,595 | a |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see",
"identifier": "121 Wn.2d 707, 712",
"parenthetical": "permitting appellate review of a criminal sentence where a defendant can demonstrate that the \"sentencing court had a duty to follow some specific procedure required by the [Sentencing Reform Act], and that the court failed to do so\"",
"... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same... | 1,292,595 | a |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": "112 Wn.2d 419, 423",
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be cons... | {
"signal": "see",
"identifier": null,
"parenthetical": "permitting appellate review of a criminal sentence where a defendant can demonstrate that the \"sentencing court had a duty to follow some specific procedure required by the [Sentencing Reform Act], and that the court failed to do so\"",
"sentence": "See ... | 1,292,595 | b |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see",
"identifier": null,
"parenthetical": "permitting appellate review of a criminal sentence where a defendant can demonstrate that the \"sentencing court had a duty to follow some specific procedure required by the [Sentencing Reform Act], and that the court failed to do so\"",
"sentence": "See ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same... | 1,292,595 | a |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": "112 Wn.2d 419, 423",
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be cons... | {
"signal": "see",
"identifier": "137 Wn.2d 472, 479",
"parenthetical": "misclassification of out-of-state convictions for purposes of calculating offender score",
"sentence": "See, e.g., State v. Ford, 137 Wn.2d 472, 479, 973 P.2d 452 (1999) (misclassification of out-of-state convictions for purposes of calcul... | 1,292,595 | b |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same... | {
"signal": "see",
"identifier": "137 Wn.2d 472, 479",
"parenthetical": "misclassification of out-of-state convictions for purposes of calculating offender score",
"sentence": "See, e.g., State v. Ford, 137 Wn.2d 472, 479, 973 P.2d 452 (1999) (misclassification of out-of-state convictions for purposes of calcul... | 1,292,595 | b |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": "112 Wn.2d 419, 423",
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be cons... | {
"signal": "see",
"identifier": null,
"parenthetical": "misclassification of out-of-state convictions for purposes of calculating offender score",
"sentence": "See, e.g., State v. Ford, 137 Wn.2d 472, 479, 973 P.2d 452 (1999) (misclassification of out-of-state convictions for purposes of calculating offender s... | 1,292,595 | b |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see",
"identifier": null,
"parenthetical": "misclassification of out-of-state convictions for purposes of calculating offender score",
"sentence": "See, e.g., State v. Ford, 137 Wn.2d 472, 479, 973 P.2d 452 (1999) (misclassification of out-of-state convictions for purposes of calculating offender s... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same... | 1,292,595 | a |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": "112 Wn.2d 419, 423",
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be cons... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "determination of whether two or more crimes should be considered the \"same criminal conduct\" for purposes of sentencing",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same cr... | 1,292,595 | b |
See, e.g., RAP 2.2(b)(6) (providing that the State or a local government may appeal only "[a] sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range"); RCW 9.94A.585(1) ("A sentence within the standa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that an absolute prohibition on the right to appeal would violate article I, section 22 of the Washington Constitution",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "determination of whether two or more crimes should be considered the \"same criminal conduct\" for purposes of sentencing",
"sentence": "App. 869, 876, 20 P.3d 476 (2001) (determination of whether two or more crimes should be considered the “same cr... | 1,292,595 | b |
In sum, despite defendants' admirable attempts to suggest that individual issues will abound, the court is unpersuaded. This case involves horizontal price-fixing allegations and common issues will clearly predominate. | {
"signal": "cf.",
"identifier": "521 U.S. 625, 625",
"parenthetical": "observing that \"predominance is a test readily met in certain cases alleging ... violations of the antitrust laws\"",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by def... | {
"signal": "see",
"identifier": "209 F.R.D. 262, 262-70",
"parenthetical": "rejecting arguments similar to those raised by defendants in this case and concluding the predominance requirement was satisfied in a horizontal price-fixing case involving purchasers of vitamins",
"sentence": "See, e.g., Vitamins Anti... | 633,435 | b |
In sum, despite defendants' admirable attempts to suggest that individual issues will abound, the court is unpersuaded. This case involves horizontal price-fixing allegations and common issues will clearly predominate. | {
"signal": "see",
"identifier": "209 F.R.D. 262, 262-70",
"parenthetical": "rejecting arguments similar to those raised by defendants in this case and concluding the predominance requirement was satisfied in a horizontal price-fixing case involving purchasers of vitamins",
"sentence": "See, e.g., Vitamins Anti... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "observing that \"predominance is a test readily met in certain cases alleging ... violations of the antitrust laws\"",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by defendants in this... | 633,435 | a |
In sum, despite defendants' admirable attempts to suggest that individual issues will abound, the court is unpersuaded. This case involves horizontal price-fixing allegations and common issues will clearly predominate. | {
"signal": "see",
"identifier": "203 F.R.D. 214, 214-23",
"parenthetical": "same in case involving purchasers of corrugated paper made using linerboard",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by defendants in this case and concluding ... | {
"signal": "cf.",
"identifier": "521 U.S. 625, 625",
"parenthetical": "observing that \"predominance is a test readily met in certain cases alleging ... violations of the antitrust laws\"",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by def... | 633,435 | a |
In sum, despite defendants' admirable attempts to suggest that individual issues will abound, the court is unpersuaded. This case involves horizontal price-fixing allegations and common issues will clearly predominate. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "observing that \"predominance is a test readily met in certain cases alleging ... violations of the antitrust laws\"",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by defendants in this... | {
"signal": "see",
"identifier": "203 F.R.D. 214, 214-23",
"parenthetical": "same in case involving purchasers of corrugated paper made using linerboard",
"sentence": "See, e.g., Vitamins Antitrust Lit., 209 F.R.D. at 262-70 (rejecting arguments similar to those raised by defendants in this case and concluding ... | 633,435 | b |
To establish the second element (that the defendants "obtained]" the plaintiffs information), it is sufficient for a plaintiff to show that "people with access to the DVS Database viewed [the plaintiffs] personal driver's license information." Here again, the Eighth Circuit has also recently reached the same conclusion... | {
"signal": "see also",
"identifier": "2013 WL 5888235, at *2",
"parenthetical": "\"In the Court's view, information may be 'obtained' simply through viewing.\"",
"sentence": "McDonough, 799 F.3d at 944 (“In the context of the DPPA, the word ‘obtain’ unambiguously includes access and observation of the data.”);... | {
"signal": "no signal",
"identifier": "799 F.3d 944, 944",
"parenthetical": "\"In the context of the DPPA, the word 'obtain' unambiguously includes access and observation of the data.\"",
"sentence": "McDonough, 799 F.3d at 944 (“In the context of the DPPA, the word ‘obtain’ unambiguously includes access and o... | 4,180,635 | b |
. The administrative judge's decision is the final decision of the Board, and our jurisdiction over these appeals arises under 28 U.S.C. SS 1291. In the proceedings below, Twyman and Garcia also asserted discrimination claims, but they voluntarily dismissed those claims before the district court granted summary judgmen... | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing the jurisdictional issues arising in appeals from the Board and holding that in a mixed case involving a good-faith discrimination claim and a nondiscrimination claim, the district court does not lose jurisdiction over the nondiscrimination claim... | {
"signal": "see also",
"identifier": "302 F.3d 248, 255",
"parenthetical": "noting that there is \"no support for the ... proposition that the conditions that create subject-matter jurisdiction must necessarily persist throughout the life of a case\"",
"sentence": "See Afifi v. U.S. Dept. of Interior, 924 F.2d... | 3,476,668 | a |
Parol evidence may be used, however, to show that false representations were made when the contract was executed. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "parol evidence admissible where defendant agreed to fill in certain terms in contract but did not do so",
"sentence": "Kero v. Terminal Construction Corp., 6 N.J. 361, 78 A.2d 814 (1951) (parol evidence admissible where defendant agreed to fill in c... | {
"signal": "see also",
"identifier": "300 A.2d 189, 189",
"parenthetical": "parole evidence \"does not preclude evidence that would tend to subvert or overthrow the writing entirely\"",
"sentence": "May v. Shohan, 131 N.J.L. 321, 36 A.2d 409 (1944); See also Emerson, 300 A.2d at 189 (parole evidence “does not ... | 7,381,318 | a |
Parol evidence may be used, however, to show that false representations were made when the contract was executed. | {
"signal": "see also",
"identifier": "300 A.2d 189, 189",
"parenthetical": "parole evidence \"does not preclude evidence that would tend to subvert or overthrow the writing entirely\"",
"sentence": "May v. Shohan, 131 N.J.L. 321, 36 A.2d 409 (1944); See also Emerson, 300 A.2d at 189 (parole evidence “does not ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "parol evidence admissible where defendant agreed to fill in certain terms in contract but did not do so",
"sentence": "Kero v. Terminal Construction Corp., 6 N.J. 361, 78 A.2d 814 (1951) (parol evidence admissible where defendant agreed to fill in c... | 7,381,318 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": "69 F.3d 222, 229",
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review wh... | {
"signal": "see",
"identifier": "135 F.3d 1226, 1231",
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review w... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": "135 F.3d 1226, 1231",
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review w... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": "135 F.3d 1226, 1231",
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": "135 F.3d 1226, 1231",
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review w... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": "69 F.3d 222, 229",
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review wh... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": "69 F.3d 222, 229",
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review wh... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | 9,128,871 | a |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": "69 F.3d 222, 229",
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review wh... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | 9,128,871 | b |
Having carefully reviewed the record, we conclude the district court did not clearly err in denying the acceptance-of-responsibility reduction, given its finding that Bennett belatedly reported a post-plea arrest to pretrial services. Further, the court did not plainly err in ordering restitution. | {
"signal": "see",
"identifier": null,
"parenthetical": "plain-error review where defendant fails to object to restitution order at sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution may be ordered even though defendant is indigent at time of sentencing",
"sentence": "See U.S.S.G. § 5El.l(a)(l) (1995) (requiring restitution); United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.) (plain-error review where defendant ... | 9,128,871 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "reviewing merits of claims of ineffectiveness of PCRA counsel for failing to raise prior counsel's ineffectiveness",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of claims of ineffectiveness of PCRA counsel ... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | {
"signal": "see",
"identifier": null,
"parenthetical": "reviewing merits of claims of ineffectiveness of PCRA counsel for failing to raise prior counsel's ineffectiveness",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of claims of ineffectiveness of PCRA counsel ... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "reviewing merits of claims of ineffectiveness of PCRA counsel for failing to raise prior counsel's ineffectiveness",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of claims of ineffectiveness of PCRA counsel ... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | {
"signal": "see",
"identifier": null,
"parenthetical": "reviewing merits of claims of ineffectiveness of PCRA counsel for failing to raise prior counsel's ineffectiveness",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of claims of ineffectiveness of PCRA counsel ... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a majority of this Court would presently continue to allow a degree of latitude\" in developing layered ineffective assistance of counsel claims in briefs",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of ... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a majority of this Court would presently continue to allow a degree of latitude\" in developing layered ineffective assistance of counsel claims in briefs",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (reviewing merits of ... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": "782 A.2d 517, 525",
"parenthetical": "\"a majority of this Court would presently continue to allow a degree of latitude\" in developing layered ineffective assistance of counsel claims in briefs",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (revie... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | {
"signal": "see",
"identifier": "782 A.2d 517, 525",
"parenthetical": "\"a majority of this Court would presently continue to allow a degree of latitude\" in developing layered ineffective assistance of counsel claims in briefs",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (2001) (revie... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"these ineffectiveness claims are properly layered because appellant argues that all of his prior counsel were ineffective for failing to assert the claims of trial court error\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"these ineffectiveness claims are properly layered because appellant argues that all of his prior counsel were ineffective for failing to assert the claims of trial court error\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"these ineffectiveness claims are properly layered because appellant argues that all of his prior counsel were ineffective for failing to assert the claims of trial court error\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"these ineffectiveness claims are properly layered because appellant argues that all of his prior counsel were ineffective for failing to assert the claims of trial court error\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "claims of trial counsel ineffectiveness accompanied by claims of appellate counsel ineffectiveness for failing to raise trial counsel ineffectiveness claims are \"properly layered\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (20... | 11,424,113 | b |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "claims of trial counsel ineffectiveness accompanied by claims of appellate counsel ineffectiveness for failing to raise trial counsel ineffectiveness claims are \"properly layered\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (20... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "claims of trial counsel ineffectiveness accompanied by claims of appellate counsel ineffectiveness for failing to raise trial counsel ineffectiveness claims are \"properly layered\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (20... | {
"signal": "but see",
"identifier": null,
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwealth v. Hawkins, 5... | 11,424,113 | a |
I disagree with the conclusion of the Majority that these ineffectiveness claims are waived. See Majority Op. at p. 328. After much reflection upon, and study of, our precedent in this area, I believe that Appellant, through tag lines and boilerplate language, has sufficiently presented all of these claims for our revi... | {
"signal": "see",
"identifier": null,
"parenthetical": "claims of trial counsel ineffectiveness accompanied by claims of appellate counsel ineffectiveness for failing to raise trial counsel ineffectiveness claims are \"properly layered\"",
"sentence": "See Commonwealth v. Hawkins, 567 Pa. 310, 787 A.2d 292 (20... | {
"signal": "but see",
"identifier": "795 A.2d 935, 939-40",
"parenthetical": "claims of trial court error, constitutional error, and prosecuto-rial misconduct are waived despite being accompanied by tag line asserting ineffectiveness of prior counsel for failing to raise such claims",
"sentence": "See Commonwe... | 11,424,113 | a |
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