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A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
{ "signal": "cf.", "identifier": "34 S.Ct. 657, 657", "parenthetical": "absent physical invasion of the property, there can be no recovery for \"noises and vibrations incident to the running of trains, the necessary emission of smoke and sparks from the locomotives, and similar annoyances inseparable from the nor...
{ "signal": "see also", "identifier": "306 F.2d 580, 585", "parenthetical": "holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
969,450
b
A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
{ "signal": "cf.", "identifier": "82 S.Ct. 532, 532", "parenthetical": "affirming that taking occurred even though some of the activities of which the plaintiff complained were near, but not over, the plaintiffs property", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (1964); see al...
{ "signal": "see also", "identifier": "306 F.2d 580, 585", "parenthetical": "holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
969,450
b
A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
{ "signal": "see also", "identifier": "306 F.2d 580, 585", "parenthetical": "holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
{ "signal": "cf.", "identifier": "233 U.S. 557, 557", "parenthetical": "\"Construing the acts of Congress in the light of the Fifth Amendment, they do not authorize the imposition of so direct and peculiar and substantial a burden upon plaintiffs property without compensation to him.\"", "sentence": "See Avery ...
969,450
a
A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
{ "signal": "see also", "identifier": "306 F.2d 580, 585", "parenthetical": "holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
{ "signal": "cf.", "identifier": "34 S.Ct. 658, 658", "parenthetical": "\"Construing the acts of Congress in the light of the Fifth Amendment, they do not authorize the imposition of so direct and peculiar and substantial a burden upon plaintiffs property without compensation to him.\"", "sentence": "See Avery ...
969,450
a
A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
{ "signal": "cf.", "identifier": "654 F.2d 90, 90", "parenthetical": "finding that the United States took private land without violating the landowner's airspace because its overflights were \"peculiarly burdensome\" to the landowner", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
{ "signal": "see also", "identifier": "306 F.2d 580, 585", "parenthetical": "holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings", "sentence": "See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (...
969,450
b
The court finds that interpreting N.J.S.A. 54:3-27 as advocated by Randolph, would ran contrary to the well established principle that local property taxes are liens against property, and not a personal obligation of the taxpayer. It would also appear to give municipalities a new judicially crafted means of collecting ...
{ "signal": "see also", "identifier": "1 N.J.Tax 574, 574", "parenthetical": "\"These statutory methods of collection of delinquent taxes evidence the legislative determination that real estate taxes are liens or levies on land and are not the personal obligation of the owner of the land.\"", "sentence": "See N...
{ "signal": "see", "identifier": "150 N.J.Super. 21, 21", "parenthetical": "\"Since Newark has concededly not begun to avail itself of the statutory means to enforce collection, much less exhausted them, we are of the view that the trial judge erred in expanding the manner in which real estate taxes could be coll...
4,305,122
b
The court finds that interpreting N.J.S.A. 54:3-27 as advocated by Randolph, would ran contrary to the well established principle that local property taxes are liens against property, and not a personal obligation of the taxpayer. It would also appear to give municipalities a new judicially crafted means of collecting ...
{ "signal": "see", "identifier": null, "parenthetical": "\"Since Newark has concededly not begun to avail itself of the statutory means to enforce collection, much less exhausted them, we are of the view that the trial judge erred in expanding the manner in which real estate taxes could be collected.\"", "sente...
{ "signal": "see also", "identifier": "1 N.J.Tax 574, 574", "parenthetical": "\"These statutory methods of collection of delinquent taxes evidence the legislative determination that real estate taxes are liens or levies on land and are not the personal obligation of the owner of the land.\"", "sentence": "See N...
4,305,122
a
Kedei filled out his asylum application himself, he checked that he is fluent in English and later testified in English, and the differences between his application and oral testimony go to the heart of his claim. Accordingly, we hold that the IJ's adverse credibility finding is supported by substantial evidence.
{ "signal": "see also", "identifier": "904 F.2d 519, 520", "parenthetical": "holding that substantial evidence supported an adverse credibility finding where, inter alia, the petitioners claimed guerrilla persecution on their asylum applications but later claimed government persecution", "sentence": "See Valder...
{ "signal": "see", "identifier": "260 F.3d 1083, 1085", "parenthetical": "holding that substantial evidence supported an adverse credibility finding where the petitioner's two asylum applications differed significantly regarding past persecution", "sentence": "See Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir...
2,177,590
b
P 12. Our past decisions do not distinguish voluntary conveyances of tenancy by entirety property from involuntary attachments.
{ "signal": "see also", "identifier": "384 A.2d 398, 400", "parenthetical": "\"[H]usband and wife are seized, not merely of equal interests, but of the whole estate during their lives and the interest of neither of them can be sold, attached or liened except by the joint act of both husband and wife.\"", "sente...
{ "signal": "see", "identifier": "100 Vt. 90, 91", "parenthetical": "holding that marital property \"was not attachable for the [sole] debts of the husband\" because it was held in tenancy by entirety", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property ...
3,700,895
b
P 12. Our past decisions do not distinguish voluntary conveyances of tenancy by entirety property from involuntary attachments.
{ "signal": "see", "identifier": "100 Vt. 90, 91", "parenthetical": "holding that marital property \"was not attachable for the [sole] debts of the husband\" because it was held in tenancy by entirety", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property ...
{ "signal": "see also", "identifier": "60 A.2d 200, 204", "parenthetical": "noting property held as tenancy by entirety could not be \"levied upon or attached for the debts of either the husband or the wife.\"", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital ...
3,700,895
a
P 12. Our past decisions do not distinguish voluntary conveyances of tenancy by entirety property from involuntary attachments.
{ "signal": "see", "identifier": "135 A. 10, 11", "parenthetical": "holding that marital property \"was not attachable for the [sole] debts of the husband\" because it was held in tenancy by entirety", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property “...
{ "signal": "see also", "identifier": "384 A.2d 398, 400", "parenthetical": "\"[H]usband and wife are seized, not merely of equal interests, but of the whole estate during their lives and the interest of neither of them can be sold, attached or liened except by the joint act of both husband and wife.\"", "sente...
3,700,895
a
P 12. Our past decisions do not distinguish voluntary conveyances of tenancy by entirety property from involuntary attachments.
{ "signal": "see", "identifier": "135 A. 10, 11", "parenthetical": "holding that marital property \"was not attachable for the [sole] debts of the husband\" because it was held in tenancy by entirety", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital property “...
{ "signal": "see also", "identifier": "60 A.2d 200, 204", "parenthetical": "noting property held as tenancy by entirety could not be \"levied upon or attached for the debts of either the husband or the wife.\"", "sentence": "See, e.g., Corey v. McLean, 100 Vt. 90, 91, 135 A. 10, 11 (1926) (holding that marital ...
3,700,895
a
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": "490 U.S. 246, 246", "parenthetical": "\"[T]he employer's burden is most appropriately deemed an affirmative defense: the plaintiff must persuade the fact finder on one point, and then the employer, if it wishes to prevail, must persuade it on another.\"", "sentence": "See, e.g....
{ "signal": "see", "identifier": "594 F.2d 816, 816", "parenthetical": "\"the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[T]he employer's burden is most appropriately deemed an affirmative defense: the plaintiff must persuade the fact finder on one point, and then the employer, if it wishes to prevail, must persuade it on another.\"", "sentence": "See, e.g., Sanders, 594 ...
{ "signal": "see", "identifier": "594 F.2d 816, 816", "parenthetical": "\"the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": "528 U.S. 20, 20-21", "parenthetical": "\"even if the government has considered an impermissible criterion in making a decision adverse to the plaintiff, it can nonetheless defeat liability by demonstrating that it would have made the same decision absent the forbidden considerati...
{ "signal": "see", "identifier": "594 F.2d 816, 816", "parenthetical": "\"the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": null, "parenthetical": "\"even if the government has considered an impermissible criterion in making a decision adverse to the plaintiff, it can nonetheless defeat liability by demonstrating that it would have made the same decision absent the forbidden consideration\" (emphasis a...
{ "signal": "see", "identifier": "594 F.2d 816, 816", "parenthetical": "\"the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": "490 U.S. 246, 246", "parenthetical": "\"[T]he employer's burden is most appropriately deemed an affirmative defense: the plaintiff must persuade the fact finder on one point, and then the employer, if it wishes to prevail, must persuade it on another.\"", "sentence": "See, e.g....
{ "signal": "see", "identifier": "678 F.2d 175, 175", "parenthetical": "\"the end-burden of persuasion falls to the government to show harmlessness\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem”); ...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[T]he employer's burden is most appropriately deemed an affirmative defense: the plaintiff must persuade the fact finder on one point, and then the employer, if it wishes to prevail, must persuade it on another.\"", "sentence": "See, e.g., Sanders, 594 ...
{ "signal": "see", "identifier": "678 F.2d 175, 175", "parenthetical": "\"the end-burden of persuasion falls to the government to show harmlessness\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem”); ...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": "528 U.S. 20, 20-21", "parenthetical": "\"even if the government has considered an impermissible criterion in making a decision adverse to the plaintiff, it can nonetheless defeat liability by demonstrating that it would have made the same decision absent the forbidden considerati...
{ "signal": "see", "identifier": "678 F.2d 175, 175", "parenthetical": "\"the end-burden of persuasion falls to the government to show harmlessness\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem”); ...
50,096
b
Healthy defense in the course of the liability phase." Pls.' Mot. at 7. As the preceding discussion indicates, there is strong legal support for this argument; a harmless-error contention has been deemed an affirmative defense to liability for damages.
{ "signal": "cf.", "identifier": null, "parenthetical": "\"even if the government has considered an impermissible criterion in making a decision adverse to the plaintiff, it can nonetheless defeat liability by demonstrating that it would have made the same decision absent the forbidden consideration\" (emphasis a...
{ "signal": "see", "identifier": "678 F.2d 175, 175", "parenthetical": "\"the end-burden of persuasion falls to the government to show harmlessness\"", "sentence": "See, e.g., Sanders, 594 F.2d at 816 (“the ultimate burden should be on the party whose eiTor and obfuscation of the evidence caused the problem”); ...
50,096
b
A government need not produce all evidence necessary to ensure a conviction in order to obtain extradition. Thus, while Respondent identifies arguments that may help him at trial, he does not undermine the evidence establishing probable cause to believe that he is the person who killed the victim.
{ "signal": "see also", "identifier": "180 Fed.Appx. 522, 522", "parenthetical": "upholding district court's finding of probable cause even though there was no eyewitness identifying respondent as the shooter, but there was circumstantial evidence including that respondent had \"quarreled with the victim and bran...
{ "signal": "no signal", "identifier": "2010 WL 2925444, at *11", "parenthetical": "stating that the Mexican government's failure to interview potential witnesses or to provide the Court with all witness statements did not undermine the evidence establishing probable cause", "sentence": "Salazar, 2010 WL 292544...
3,970,558
b
The district court properly granted summary judgment on McAfee's Eighth Amendment claim because McAfee failed to raise a genuine dispute of material fact as to whether defendant Hill acted with deliberate indifference to McAfee's safety before the riot erupted in the dining hall, or as to whether Hill acted "maliciousl...
{ "signal": "see also", "identifier": "501 U.S. 294, 297-98", "parenthetical": "inmate must establish that prison officials \"possessed a sufficiently culpable state of mind\" to implicate the Eighth Amendment", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement fo...
{ "signal": "no signal", "identifier": "217 F.3d 726, 733-34", "parenthetical": "the state-of-mind requirement for an Eighth Amendment claim \"varies with the circumstances of the claim\"", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement for an Eighth Amendment ...
3,988,690
b
The district court properly granted summary judgment on McAfee's Eighth Amendment claim because McAfee failed to raise a genuine dispute of material fact as to whether defendant Hill acted with deliberate indifference to McAfee's safety before the riot erupted in the dining hall, or as to whether Hill acted "maliciousl...
{ "signal": "no signal", "identifier": "217 F.3d 726, 733-34", "parenthetical": "the state-of-mind requirement for an Eighth Amendment claim \"varies with the circumstances of the claim\"", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement for an Eighth Amendment ...
{ "signal": "see also", "identifier": null, "parenthetical": "inmate must establish that prison officials \"possessed a sufficiently culpable state of mind\" to implicate the Eighth Amendment", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement for an Eighth Amendm...
3,988,690
a
The district court properly granted summary judgment on McAfee's Eighth Amendment claim because McAfee failed to raise a genuine dispute of material fact as to whether defendant Hill acted with deliberate indifference to McAfee's safety before the riot erupted in the dining hall, or as to whether Hill acted "maliciousl...
{ "signal": "no signal", "identifier": "217 F.3d 726, 733-34", "parenthetical": "the state-of-mind requirement for an Eighth Amendment claim \"varies with the circumstances of the claim\"", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement for an Eighth Amendment ...
{ "signal": "see also", "identifier": null, "parenthetical": "inmate must establish that prison officials \"possessed a sufficiently culpable state of mind\" to implicate the Eighth Amendment", "sentence": "Johnson v. Lewis, 217 F.3d 726, 733-34 (9th Cir.2000) (the state-of-mind requirement for an Eighth Amendm...
3,988,690
a
The sanction for making an intentional or knowing misrepresentation to a tribunal is a one-year suspension.
{ "signal": "contra", "identifier": "427 Mass. 186, 191-192", "parenthetical": "attorney emotionally traumatized by breakup of marriage suspended for three months for outrageous treatment of wife and contemptuous disregard of court orders entered in divorce action", "sentence": "Contrast Matter of Ring, 427 Mas...
{ "signal": "see", "identifier": "416 Mass. 423, 431-432", "parenthetical": "attorney elicited false testimony and offered false documents in proceeding before rent control board", "sentence": "See Matter of McCarthy, 416 Mass. 423, 431-432 (1993) (attorney elicited false testimony and offered false documents i...
3,658,351
b
The sanction for making an intentional or knowing misrepresentation to a tribunal is a one-year suspension.
{ "signal": "see", "identifier": "413 Mass. 416, 421-423", "parenthetical": "attorney perpetrated fraud on Probate and Family Court and opposing counsel by actively misrepresenting terms of client's pending real estate transaction", "sentence": "See Matter of McCarthy, 416 Mass. 423, 431-432 (1993) (attorney el...
{ "signal": "contra", "identifier": "427 Mass. 186, 191-192", "parenthetical": "attorney emotionally traumatized by breakup of marriage suspended for three months for outrageous treatment of wife and contemptuous disregard of court orders entered in divorce action", "sentence": "Contrast Matter of Ring, 427 Mas...
3,658,351
a
Therefore, it was not timely and prison officials returned it as such. Id. at 10. Plaintiff does not allege that his injuries prevented him from timely filing a grievance, nor could he make such a claim as he did timely file Grievance No. 2008040298. Similarly, the fact that he did not know the individual defendants' n...
{ "signal": "see also", "identifier": "212 F.3d 1205, 1207-10", "parenthetical": "defendants need not be named in administrative grievance provided inmate provides officials with all relevant available information", "sentence": "See Johnson, 385 F.3d at 517 (defendants’ names unnecessary where grievance provide...
{ "signal": "see", "identifier": "385 F.3d 517, 517", "parenthetical": "defendants' names unnecessary where grievance provides enough detail to place prison officials on notice as to the specific problem", "sentence": "See Johnson, 385 F.3d at 517 (defendants’ names unnecessary where grievance provides enough d...
4,192,415
b
Similarly, courts may be more willing to grant equitable tolling in death penalty cases, particularly when the petitioner has been diligent in pursuing his rights.
{ "signal": "but see", "identifier": "381 F.3d 587, 590-91", "parenthetical": "rejecting the view that a different test applies to capital cases", "sentence": "But see Johnson v. McBride, 381 F.3d 587, 590-91 (7th Cir.2004) (rejecting the view that a different test applies to capital cases); Rouse v. Lee, 339 F...
{ "signal": "cf.", "identifier": "430 U.S. 349, 357", "parenthetical": "\"[D]eath is a different kind of punishment from any other which may be imposed in this country.\"", "sentence": "See, e.g., Fahy v. Horn, 240 F.3d 239, 244-45 (3d Cir.2001); cf. Gardner v. Florida, 430 U.S. 349, 357, 97 S.Ct. 1197, 51 L.Ed...
3,842,537
b
Similarly, courts may be more willing to grant equitable tolling in death penalty cases, particularly when the petitioner has been diligent in pursuing his rights.
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[D]eath is a different kind of punishment from any other which may be imposed in this country.\"", "sentence": "See, e.g., Fahy v. Horn, 240 F.3d 239, 244-45 (3d Cir.2001); cf. Gardner v. Florida, 430 U.S. 349, 357, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977) ...
{ "signal": "but see", "identifier": "381 F.3d 587, 590-91", "parenthetical": "rejecting the view that a different test applies to capital cases", "sentence": "But see Johnson v. McBride, 381 F.3d 587, 590-91 (7th Cir.2004) (rejecting the view that a different test applies to capital cases); Rouse v. Lee, 339 F...
3,842,537
a
Similarly, courts may be more willing to grant equitable tolling in death penalty cases, particularly when the petitioner has been diligent in pursuing his rights.
{ "signal": "but see", "identifier": "381 F.3d 587, 590-91", "parenthetical": "rejecting the view that a different test applies to capital cases", "sentence": "But see Johnson v. McBride, 381 F.3d 587, 590-91 (7th Cir.2004) (rejecting the view that a different test applies to capital cases); Rouse v. Lee, 339 F...
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[D]eath is a different kind of punishment from any other which may be imposed in this country.\"", "sentence": "See, e.g., Fahy v. Horn, 240 F.3d 239, 244-45 (3d Cir.2001); cf. Gardner v. Florida, 430 U.S. 349, 357, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977) ...
3,842,537
b
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "251 F.3d 208, 208", "parenthetical": "holding that, in a designation of a \"foreign terrorist organization\" under the Antiterrorism and Effective Death Penalty Act of 1996 (\"AED-PA\"", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F....
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "251 F.3d 208, 208", "parenthetical": "holding that, in a designation of a \"foreign terrorist organization\" under the Antiterrorism and Effective Death Penalty Act of 1996 (\"AED-PA\"", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F....
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "251 F.3d 208, 208", "parenthetical": "holding that, in a designation of a \"foreign terrorist organization\" under the Antiterrorism and Effective Death Penalty Act of 1996 (\"AED-PA\"", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F....
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "251 F.3d 208, 208", "parenthetical": "holding that, in a designation of a \"foreign terrorist organization\" under the Antiterrorism and Effective Death Penalty Act of 1996 (\"AED-PA\"", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F....
{ "signal": "cf.", "identifier": null, "parenthetical": "rejecting a challenge that the agency failed to comply with its regulation, 28 C.F.R. SS 17.17(a", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
{ "signal": "see also", "identifier": "327 F.3d 1238, 1241-43", "parenthetical": "following NCORI and describing in detail its holding on this point", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., In...
6,051,328
b
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
{ "signal": "see also", "identifier": "327 F.3d 1238, 1241-43", "parenthetical": "following NCORI and describing in detail its holding on this point", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., In...
6,051,328
b
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "327 F.3d 1238, 1241-43", "parenthetical": "following NCORI and describing in detail its holding on this point", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., In...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "327 F.3d 1238, 1241-43", "parenthetical": "following NCORI and describing in detail its holding on this point", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., In...
{ "signal": "cf.", "identifier": null, "parenthetical": "rejecting a challenge that the agency failed to comply with its regulation, 28 C.F.R. SS 17.17(a", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
{ "signal": "see also", "identifier": "827 F.2d 473, 477", "parenthetical": "holding that, in a military criminal trial, the government's use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant's due process rights", "sentence": "Holy...
6,051,328
b
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "827 F.2d 473, 477", "parenthetical": "holding that, in a military criminal trial, the government's use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant's due process rights", "sentence": "Holy...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "see also", "identifier": "827 F.2d 473, 477", "parenthetical": "holding that, in a military criminal trial, the government's use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant's due process rights", "sentence": "Holy...
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); Kind...
6,051,328
a
In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Or...
{ "signal": "cf.", "identifier": null, "parenthetical": "rejecting a challenge that the agency failed to comply with its regulation, 28 C.F.R. SS 17.17(a", "sentence": "Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev...
{ "signal": "see also", "identifier": "827 F.2d 473, 477", "parenthetical": "holding that, in a military criminal trial, the government's use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant's due process rights", "sentence": "Holy...
6,051,328
b
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see", "identifier": "218 U.S. 601, 608", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
{ "signal": "see also", "identifier": "225 U.S. 347, 369", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
10,521,039
a
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see", "identifier": "218 U.S. 601, 608", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
{ "signal": "see also", "identifier": "32 S.Ct. 793, 803", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
10,521,039
a
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see also", "identifier": null, "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct....
{ "signal": "see", "identifier": "218 U.S. 601, 608", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
10,521,039
b
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see also", "identifier": "225 U.S. 347, 369", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
{ "signal": "see", "identifier": "31 S.Ct. 124, 126", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
10,521,039
b
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see also", "identifier": "32 S.Ct. 793, 803", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
{ "signal": "see", "identifier": "31 S.Ct. 124, 126", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
10,521,039
b
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see", "identifier": "31 S.Ct. 124, 126", "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or su...
{ "signal": "see also", "identifier": null, "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct....
10,521,039
a
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see", "identifier": null, "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or success.”) (“A co...
{ "signal": "see also", "identifier": "225 U.S. 347, 369", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
10,521,039
a
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see also", "identifier": "32 S.Ct. 793, 803", "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601...
{ "signal": "see", "identifier": null, "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or success.”) (“A co...
10,521,039
b
The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this ...
{ "signal": "see also", "identifier": null, "parenthetical": "the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct....
{ "signal": "see", "identifier": null, "parenthetical": "\"[T]he conspiracy continues up to the time of abandonment or success.\"", "sentence": "See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or success.”) (“A co...
10,521,039
b
Certainly, Gao never alleged that he told the immigration officer his girlfriend had a forced abortion. Because Gao's explanations for the discrepancy between his testimony and the airport interview would not compel a fact-finder to excuse the discrepancy, and because the discrepancy involved the sole basis for his asy...
{ "signal": "see also", "identifier": "357 F.3d 179, 179-80", "parenthetical": "setting forth the criteria that the Court generally looks to when evaluating the reliability of statements made by applicants during airport interviews", "sentence": "See Secaida-Rosales v. INS, 331 F.3d 297, 308-09 (2d Cir.2003) (f...
{ "signal": "see", "identifier": "331 F.3d 297, 308-09", "parenthetical": "finding that to form the basis of an adverse credibility determination, a discrepancy must be \"substantial\" when measured against the record as a whole", "sentence": "See Secaida-Rosales v. INS, 331 F.3d 297, 308-09 (2d Cir.2003) (find...
3,972,303
b
Certainly, Gao never alleged that he told the immigration officer his girlfriend had a forced abortion. Because Gao's explanations for the discrepancy between his testimony and the airport interview would not compel a fact-finder to excuse the discrepancy, and because the discrepancy involved the sole basis for his asy...
{ "signal": "see also", "identifier": "357 F.3d 179, 179-80", "parenthetical": "setting forth the criteria that the Court generally looks to when evaluating the reliability of statements made by applicants during airport interviews", "sentence": "See Secaida-Rosales v. INS, 331 F.3d 297, 308-09 (2d Cir.2003) (f...
{ "signal": "see", "identifier": "432 F.3d 391, 395-98", "parenthetical": "determination supported by entirely different accounts of persecution provided by applicant at her airport interview and subsequent hearing", "sentence": "See Secaida-Rosales v. INS, 331 F.3d 297, 308-09 (2d Cir.2003) (finding that to fo...
3,972,303
b
Upon the filing of a voluntary petition, 11 U.S.C. SS 362 imposes an automatic stay against the continuation of actions against the debtor commenced before the commencement of the debtor's bankruptcy case. 11 U.S.C. SS 362(a)(1). With exceptions not applicable here, the automatic stay "prevents creditors from taking fu...
{ "signal": "see also", "identifier": "907 F.2d 953, 956", "parenthetical": "\"Ordinarily, any action taken in violation of the stay is void and without effect, even where there is no actual notice of the existence of the stay.\"", "sentence": "See also In re Calder, 907 F.2d 953, 956 (10th Cir.1990) (“Ordinari...
{ "signal": "no signal", "identifier": "894 F.2d 371, 372", "parenthetical": "\"It is well established that any action taken in violation of the stay is void and without effect.\"", "sentence": "Ellis v. Consol. Diesel Elec. Corp., 894 F.2d 371, 372 (10th Cir.1990) (“It is well established that any action taken...
4,115,636
b
"A district court's finding that a defendant does not qualify for a minor or minimal participant status is heavily dependant on the facts of the particular case, and we uphold such a finding unless it is clearly erroneous." Amuchastegui's role in the armed bank robbery, including giving his co-defendant the gun, drivin...
{ "signal": "no signal", "identifier": "189 F.3d 1151, 1160", "parenthetical": "stating that the appellant has the burden to prove by the preponderance of the evidence that he is substantially less culpable than the average co-participant", "sentence": "United States v. Hernandez-Franco, 189 F.3d 1151, 1160 (9t...
{ "signal": "see also", "identifier": "15 F.3d 825, 828", "parenthetical": "stating that \"one kind of average participant in a robbery would be the person who drove the robber to the scene and then drove him or her away again, and expected a share of the loot\"", "sentence": "United States v. Hernandez-Franco,...
438,281
a
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "817 F.2d 1384, 1386-87", "parenthetical": "where police officer in marked vehicle blocked driveway as defendant attempted to back out, officer \"provided [defendant] with no reasonable alternative except an encounter with the police\"", "sentence": "See Rogers, 186 Ariz. a...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "932 P.2d 1381, 1387", "parenthetical": "noting courts have found detention exists when police car \"wholly blocks the defendant's ability to leave\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, di...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "892 A.2d 370, 374", "parenthetical": "detention occurred when police approached vehicle with badges and flashlights, after parking their vehicle in such a way as to prevent defendant from driving away", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (def...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": null, "parenthetical": "defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant deta...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "861 A.2d 1060, 1062-63", "parenthetical": "defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 102...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "988 P.2d 1071, 1075", "parenthetical": "noting use of police ear to block defendant's car has been found to constitute seizure", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displayed badge, and sai...
{ "signal": "see", "identifier": "186 Ariz. 510, 510-11", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, display...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "817 F.2d 1384, 1386-87", "parenthetical": "where police officer in marked vehicle blocked driveway as defendant attempted to back out, officer \"provided [defendant] with no reasonable alternative except an encounter with the police\"", "sentence": "See Rogers, 186 Ariz. a...
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "932 P.2d 1381, 1387", "parenthetical": "noting courts have found detention exists when police car \"wholly blocks the defendant's ability to leave\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, di...
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
{ "signal": "see also", "identifier": "892 A.2d 370, 374", "parenthetical": "detention occurred when police approached vehicle with badges and flashlights, after parking their vehicle in such a way as to prevent defendant from driving away", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (def...
4,047,476
a
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
{ "signal": "see also", "identifier": null, "parenthetical": "defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant deta...
4,047,476
a
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "861 A.2d 1060, 1062-63", "parenthetical": "defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 102...
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
4,047,476
b
Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
{ "signal": "see also", "identifier": "988 P.2d 1071, 1075", "parenthetical": "noting use of police ear to block defendant's car has been found to constitute seizure", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displayed badge, and sai...
{ "signal": "see", "identifier": "924 P.2d 1029, 1029-30", "parenthetical": "defendant detained when officers approached on foot, displayed badge, and said, \"we need to talk to you\"", "sentence": "See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displa...
4,047,476
b
Despite McNemar's shortcomings, at least one circuit has indicated a willingness to adopt the Third Circuit's approach, albeit not applying the doctrine of judicial estoppel per se.
{ "signal": "see also", "identifier": "128 F.3d 68, 74", "parenthetical": "applying judicial estoppel in an age discrimination case, but specifically stating that the applicability of judicial estoppel to ADA cases will be \"left for another day\"", "sentence": "See Kennedy v. Applause, Inc., 90 F.3d 1477, 1481...
{ "signal": "see", "identifier": "90 F.3d 1477, 1481-82", "parenthetical": "holding, without applying the doctrine of judicial estoppel, that the plaintiff, who made sworn statements of total disability in a social security disability application and then testified at her deposition that she was not totally disab...
268,445
b
Robinson's trial predated Deck and, under the AEDPA, state courts are only held to laws clearly established by the Supreme Court at the time of the alleged violation. However, the Deck Court was clear that the constitutional ban on routine shackling, at least during the guilt phase of the trial, had been long-establish...
{ "signal": "see also", "identifier": "465 U.S. 168, 188", "parenthetical": "a state defendant \"may not normally be forced to appear in court in shackles\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.”); see...
{ "signal": "see", "identifier": "125 S.Ct. 2010, 2010", "parenthetical": "\"The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles duri...
3,315,140
b
Robinson's trial predated Deck and, under the AEDPA, state courts are only held to laws clearly established by the Supreme Court at the time of the alleged violation. However, the Deck Court was clear that the constitutional ban on routine shackling, at least during the guilt phase of the trial, had been long-establish...
{ "signal": "see also", "identifier": null, "parenthetical": "a state defendant \"may not normally be forced to appear in court in shackles\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.”); see also McKaskle ...
{ "signal": "see", "identifier": "125 S.Ct. 2010, 2010", "parenthetical": "\"The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles duri...
3,315,140
b
Robinson's trial predated Deck and, under the AEDPA, state courts are only held to laws clearly established by the Supreme Court at the time of the alleged violation. However, the Deck Court was clear that the constitutional ban on routine shackling, at least during the guilt phase of the trial, had been long-establish...
{ "signal": "see", "identifier": "125 S.Ct. 2010, 2010", "parenthetical": "\"The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles duri...
{ "signal": "see also", "identifier": null, "parenthetical": "a state defendant \"may not normally be forced to appear in court in shackles\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.”); see also McKaskle ...
3,315,140
a
Robinson's trial predated Deck and, under the AEDPA, state courts are only held to laws clearly established by the Supreme Court at the time of the alleged violation. However, the Deck Court was clear that the constitutional ban on routine shackling, at least during the guilt phase of the trial, had been long-establish...
{ "signal": "see also", "identifier": "431 F.3d 959, 963", "parenthetical": "\"[T]he principle that shackling a defendant at trial without the individualized determination as to necessity violates the due process clause was clearly established long before Deck was decided.\"", "sentence": "See Deck, 125 S.Ct. a...
{ "signal": "see", "identifier": "125 S.Ct. 2010, 2010", "parenthetical": "\"The answer is clear: The law has long forbidden routine use of visible shackles during the guilt phase.\"", "sentence": "See Deck, 125 S.Ct. at 2010 (“The answer is clear: The law has long forbidden routine use of visible shackles duri...
3,315,140
b
We wonder what jury would not reach that conclusion. Moreover, the jury could have inferred solely from the possession of this large quantity of drugs that Defendant intended to further distribute it.
{ "signal": "see", "identifier": "246 Fed.Appx. 321, 330", "parenthetical": "recovery of $1,900 from the defendant's pocket supported conclusion that the defendant was selling drugs", "sentence": "See United States v. Wilson, 27 F.3d 1126, 1133 (6th Cir.1994) (recognizing “the connection between guns and drug t...
{ "signal": "no signal", "identifier": "280 F.3d 715, 724", "parenthetical": "18 grams of crack cocaine sufficient for an inference of intent to distribute", "sentence": "United States v. Haywood, 280 F.3d 715, 724 (6th Cir.2002) (18 grams of crack cocaine sufficient for an inference of intent to distribute); U...
4,075,441
b
We wonder what jury would not reach that conclusion. Moreover, the jury could have inferred solely from the possession of this large quantity of drugs that Defendant intended to further distribute it.
{ "signal": "no signal", "identifier": "9 Fed. Appx. 286, 289", "parenthetical": "8.5 grams of crack cocaine \"was large enough to draw an inference of intent to distribute\"", "sentence": "United States v. Haywood, 280 F.3d 715, 724 (6th Cir.2002) (18 grams of crack cocaine sufficient for an inference of inten...
{ "signal": "see", "identifier": "246 Fed.Appx. 321, 330", "parenthetical": "recovery of $1,900 from the defendant's pocket supported conclusion that the defendant was selling drugs", "sentence": "See United States v. Wilson, 27 F.3d 1126, 1133 (6th Cir.1994) (recognizing “the connection between guns and drug t...
4,075,441
a
For this reason, the court to date has allowed Plaintiffs to add 15 other plaintiffs to this action. First Am. Compl. PP 5-19. The record, however, does not establish that joinder of the remaining potential plaintiffs in this case is impracticable. As the Government observed, the United States Court of Federal Claims a...
{ "signal": "no signal", "identifier": "69 Fed.Cl. 454, 454-55", "parenthetical": "holding that a potential class of 256 members did not satisfy numerosity", "sentence": "Jaynes, 69 Fed.Cl. at 454-55 (holding that a potential class of 256 members did not satisfy numerosity); see also Buchan, 27 Fed.Cl. at 224 (...
{ "signal": "see also", "identifier": "27 Fed.Cl. 224, 224", "parenthetical": "\"This court, however, has never had difficulty dealing with hundreds of party plaintiffs or with single plaintiff 'test' cases.\"", "sentence": "Jaynes, 69 Fed.Cl. at 454-55 (holding that a potential class of 256 members did not sat...
4,283,404
a
Checkers's position amounts to an argument that section 362(a) disabled it from taking any action to fend off CRG's attempts to cancel Checkers's service mark registration. However, it is well settled in this circuit and others that the section 362(a) automatic stay does not require persons involved in litigation with ...
{ "signal": "see", "identifier": "932 F.2d 1473, 1473", "parenthetical": "\"Fulfillment of th[e] purpose [of the automatic stay] cannot require that every party who acts in resistance to the debtor's view of its rights violates SS 362(a", "sentence": "See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose ...
{ "signal": "see also", "identifier": "175 B.R. 333, 338", "parenthetical": "\"The automatic stay should not tie the hands of a defendant while the plaintiff debtor is given free rein to litigate.\"", "sentence": "See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose [of the automatic stay] cannot require...
11,362,914
a
Checkers's position amounts to an argument that section 362(a) disabled it from taking any action to fend off CRG's attempts to cancel Checkers's service mark registration. However, it is well settled in this circuit and others that the section 362(a) automatic stay does not require persons involved in litigation with ...
{ "signal": "see also", "identifier": "892 F.2d 577, 577", "parenthetical": "\"There is ... no policy of preventing persons whom the bankrupt has sued from protecting their legal rights.\"", "sentence": "See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose [of the automatic stay] cannot require that ever...
{ "signal": "see", "identifier": "932 F.2d 1473, 1473", "parenthetical": "\"Fulfillment of th[e] purpose [of the automatic stay] cannot require that every party who acts in resistance to the debtor's view of its rights violates SS 362(a", "sentence": "See Inslaw, 932 F.2d at 1473 (“Fulfillment of th[e] purpose ...
11,362,914
b
As defendant acknowledges, we have never concluded that drawing an analogy between a defense tactic and "smoke" is inherently prejudicial, and we have not reversed based on such a statement alone.
{ "signal": "see also", "identifier": "282 Kan. 201, 210-12", "parenthetical": "approving prosecutor's colorful analogy of defense theory to the Wizard of Oz", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effe...
{ "signal": "see", "identifier": "33 Kan. App. 2d 829, 837-38", "parenthetical": "prosecutor's comments that defense \"simply arguing smoke and mir rors\" and \"[g]rasping at straws,\" not improper, not outside wide latitude allowed in discussing evidence", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643...
4,253,032
b
As defendant acknowledges, we have never concluded that drawing an analogy between a defense tactic and "smoke" is inherently prejudicial, and we have not reversed based on such a statement alone.
{ "signal": "see also", "identifier": null, "parenthetical": "approving prosecutor's colorful analogy of defense theory to the Wizard of Oz", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effect that defense co...
{ "signal": "see", "identifier": "33 Kan. App. 2d 829, 837-38", "parenthetical": "prosecutor's comments that defense \"simply arguing smoke and mir rors\" and \"[g]rasping at straws,\" not improper, not outside wide latitude allowed in discussing evidence", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643...
4,253,032
b
As defendant acknowledges, we have never concluded that drawing an analogy between a defense tactic and "smoke" is inherently prejudicial, and we have not reversed based on such a statement alone.
{ "signal": "see also", "identifier": "282 Kan. 201, 210-12", "parenthetical": "approving prosecutor's colorful analogy of defense theory to the Wizard of Oz", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effe...
{ "signal": "see", "identifier": null, "parenthetical": "prosecutor's comments that defense \"simply arguing smoke and mir rors\" and \"[g]rasping at straws,\" not improper, not outside wide latitude allowed in discussing evidence", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (p...
4,253,032
b
As defendant acknowledges, we have never concluded that drawing an analogy between a defense tactic and "smoke" is inherently prejudicial, and we have not reversed based on such a statement alone.
{ "signal": "see", "identifier": null, "parenthetical": "prosecutor's comments that defense \"simply arguing smoke and mir rors\" and \"[g]rasping at straws,\" not improper, not outside wide latitude allowed in discussing evidence", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (p...
{ "signal": "see also", "identifier": null, "parenthetical": "approving prosecutor's colorful analogy of defense theory to the Wizard of Oz", "sentence": "See State v. Rodriguez, 269 Kan. 633, 643-45, 8 P.3d 712 (2000) (prosecutor’s comments in arson case, which involved burning a dog, to effect that defense co...
4,253,032
a
. Lacour also argues that the court should apply the rule of lenity because Congress' intent is not clear as to sentencing under SS 841(b)(1)(C). Because a reading of the Guidelines and statutory sections removes any potential ambiguity, we decline to invoke the rule of lenity here.
{ "signal": "see also", "identifier": "9 F.3d 1455, 1455", "parenthetical": "\"There is no ambiguity upon which the rule of lenity can operate\"", "sentence": "See Chapman, 500 U.S. at 463, 111 S.Ct. at 1926 (\"The rule of lenity, however, is not applicable unless there is a grievous ambiguity or uncertainty in...
{ "signal": "see", "identifier": "500 U.S. 463, 463", "parenthetical": "\"The rule of lenity, however, is not applicable unless there is a grievous ambiguity or uncertainty in the language and structure of [a congressional act] ... \"", "sentence": "See Chapman, 500 U.S. at 463, 111 S.Ct. at 1926 (\"The rule of...
1,844,612
b
. Lacour also argues that the court should apply the rule of lenity because Congress' intent is not clear as to sentencing under SS 841(b)(1)(C). Because a reading of the Guidelines and statutory sections removes any potential ambiguity, we decline to invoke the rule of lenity here.
{ "signal": "see", "identifier": "111 S.Ct. 1926, 1926", "parenthetical": "\"The rule of lenity, however, is not applicable unless there is a grievous ambiguity or uncertainty in the language and structure of [a congressional act] ... \"", "sentence": "See Chapman, 500 U.S. at 463, 111 S.Ct. at 1926 (\"The rule...
{ "signal": "see also", "identifier": "9 F.3d 1455, 1455", "parenthetical": "\"There is no ambiguity upon which the rule of lenity can operate\"", "sentence": "See Chapman, 500 U.S. at 463, 111 S.Ct. at 1926 (\"The rule of lenity, however, is not applicable unless there is a grievous ambiguity or uncertainty in...
1,844,612
a
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see", "identifier": "22 Va.App. 646, 653-54", "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unre...
{ "signal": "see also", "identifier": "9 Va.App. 464, 464", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the trans...
1,080,268
a
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see", "identifier": "22 Va.App. 646, 653-54", "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unre...
{ "signal": "see also", "identifier": "389 S.E.2d 180, 180", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the tran...
1,080,268
a
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see", "identifier": "472 S.E.2d 649, 653", "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreaso...
{ "signal": "see also", "identifier": "9 Va.App. 464, 464", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the trans...
1,080,268
a
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see also", "identifier": "389 S.E.2d 180, 180", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the tran...
{ "signal": "see", "identifier": "472 S.E.2d 649, 653", "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreaso...
1,080,268
b
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see also", "identifier": "9 Va.App. 464, 464", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the trans...
{ "signal": "see", "identifier": null, "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreasonable \"", "sen...
1,080,268
b
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see", "identifier": null, "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreasonable \"", "sen...
{ "signal": "see also", "identifier": "389 S.E.2d 180, 180", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the tran...
1,080,268
a
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see also", "identifier": "9 Va.App. 464, 464", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the trans...
{ "signal": "see", "identifier": null, "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreasonable \"", "sen...
1,080,268
b
Neither the affiant nor the informant reported having witnessed a drug transaction in the residence or a drug transaction involving anyone who was there or resided there. The affidavit contains no statement which asserts that anyone saw drugs in the residence or on a person at the residence.
{ "signal": "see", "identifier": null, "parenthetical": "holding that the \"affidavit gave absolutely no indication that the fruits of criminal activity would probably be found at that location, rendering [the officer's] belief in probable cause, based solely on the affidavit, objectively unreasonable \"", "sen...
{ "signal": "see also", "identifier": "389 S.E.2d 180, 180", "parenthetical": "holding that evidence was admissible under the good faith exception where the affidavit contained \"a detailed description of the nature of the offense, the premises to be searched, the items for which they were searching, and the tran...
1,080,268
a
Notwithstanding Defendants' oral assertions they are not waiving counsel, but see Memoranda at 1 (wherein each Defendant states "this Defendant now makes this [his/her] knowing and intelligent waiver of the right to be represented by counsel and asserts [his/her] right to waive the right to counsel and to proceed Pro S...
{ "signal": "see", "identifier": "665 F.2d 611, 611", "parenthetical": "\"Even if defendant requests to represent himself, however, the right may be waived through defendant's subsequent conduct indicating he is vacillating on the issue or has abandoned his request altogether.\"", "sentence": "See Brown, 665 F....
{ "signal": "see also", "identifier": null, "parenthetical": "\"[T] he trial judge may terminate self-representation by a defendant who deliberately engages in serious and obstructionist misconduct.\"", "sentence": "See Brown, 665 F.2d at 611 (“Even if defendant requests to represent himself, however, the right...
11,530,885
a
Notwithstanding Defendants' oral assertions they are not waiving counsel, but see Memoranda at 1 (wherein each Defendant states "this Defendant now makes this [his/her] knowing and intelligent waiver of the right to be represented by counsel and asserts [his/her] right to waive the right to counsel and to proceed Pro S...
{ "signal": "see also", "identifier": null, "parenthetical": "\"[T] he trial judge may terminate self-representation by a defendant who deliberately engages in serious and obstructionist misconduct.\"", "sentence": "See Brown, 665 F.2d at 611 (“Even if defendant requests to represent himself, however, the right...
{ "signal": "see", "identifier": "665 F.2d 611, 611", "parenthetical": "\"Even if defendant requests to represent himself, however, the right may be waived through defendant's subsequent conduct indicating he is vacillating on the issue or has abandoned his request altogether.\"", "sentence": "See Brown, 665 F....
11,530,885
b
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
{ "signal": "cf.", "identifier": "438 U.S. 478, 515-17", "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895...
11,529,769
a
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
{ "signal": "cf.", "identifier": null, "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concludin...
11,529,769
a
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "cf.", "identifier": null, "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concludin...
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
11,529,769
b
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
{ "signal": "cf.", "identifier": "438 U.S. 478, 515-17", "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895...
11,529,769
a
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
{ "signal": "cf.", "identifier": null, "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concludin...
11,529,769
a
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "cf.", "identifier": null, "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concludin...
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
11,529,769
b
Prosecutors and witnesses both enjoy absolute immunity at common law.
{ "signal": "cf.", "identifier": "438 U.S. 478, 515-17", "parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts", "sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895...
{ "signal": "see", "identifier": null, "parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability", "sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-wi...
11,529,769
b