context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see",
"identifier": "847 P.2d 611, 611-13",
"parenthetical": "stating that leading police on a chase in Arizona was not resisting arrest under \"a common sense application of the ordinary meaning of the statutory language\"",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading ... | {
"signal": "see also",
"identifier": "101 P.3d 1054, 1058",
"parenthetical": "holding that fleeing from officers and hiding in the woods did not constitute resisting arrest",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was not resisting arrest under “a ... | 3,997,404 | a |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see",
"identifier": "847 P.2d 611, 611-13",
"parenthetical": "stating that leading police on a chase in Arizona was not resisting arrest under \"a common sense application of the ordinary meaning of the statutory language\"",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was no... | 3,997,404 | a |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see also",
"identifier": "616 A.2d 641, 644",
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in... | {
"signal": "see",
"identifier": "847 P.2d 611, 611-13",
"parenthetical": "stating that leading police on a chase in Arizona was not resisting arrest under \"a common sense application of the ordinary meaning of the statutory language\"",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading ... | 3,997,404 | b |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see",
"identifier": "847 P.2d 611, 611-13",
"parenthetical": "stating that leading police on a chase in Arizona was not resisting arrest under \"a common sense application of the ordinary meaning of the statutory language\"",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading ... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457 Mass. 102, 928 N... | 3,997,404 | a |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see",
"identifier": "847 P.2d 611, 611-13",
"parenthetical": "stating that leading police on a chase in Arizona was not resisting arrest under \"a common sense application of the ordinary meaning of the statutory language\"",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading ... | {
"signal": "but see",
"identifier": "928 N.E.2d 317, 320",
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457... | 3,997,404 | a |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "see also",
"identifier": "101 P.3d 1054, 1058",
"parenthetical": "holding that fleeing from officers and hiding in the woods did not constitute resisting arrest",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was not resisting arrest under “a ... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457 Mass. 102, 928 N... | 3,997,404 | a |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "but see",
"identifier": "928 N.E.2d 317, 320",
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457... | {
"signal": "see also",
"identifier": "101 P.3d 1054, 1058",
"parenthetical": "holding that fleeing from officers and hiding in the woods did not constitute resisting arrest",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was not resisting arrest under “a ... | 3,997,404 | b |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457 Mass. 102, 928 N... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was no... | 3,997,404 | b |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "but see",
"identifier": "928 N.E.2d 317, 320",
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in Arizona was no... | 3,997,404 | b |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457 Mass. 102, 928 N... | {
"signal": "see also",
"identifier": "616 A.2d 641, 644",
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in... | 3,997,404 | b |
Most--though not all--jurisdictions that have adopted statutes based upon the Model Penal Code provision, consistent with the Code's commentary, construe these statutes to exclude punishment for mere flight. | {
"signal": "but see",
"identifier": "928 N.E.2d 317, 320",
"parenthetical": "holding that a fleeing suspect created a \"substantial risk of bodily injury\" to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light",
"sentence": "But see Commonwealth v. Montoya, 457... | {
"signal": "see also",
"identifier": "616 A.2d 641, 644",
"parenthetical": "holding that \"it is equally well-established that a suspect's mere flight to escape arrest does not violate\" the resisting arrest statute",
"sentence": "See, e.g., Womack, 847 P.2d at 611-13 (stating that leading police on a chase in... | 3,997,404 | b |
Because counsel has provided sufficient detail for the time spent, this court can determine the reasonableness of the fee request in much the same way we analyze and evaluate requests for time spent on appeal when counsel requests payment under the Criminal Justice Act (CJA), 18 U.S.C. SS 3006A. Both the EAJA and the C... | {
"signal": "see",
"identifier": "803 F.2d 575, 579-80",
"parenthetical": "appellate court awards EAJA fees for 11.25 hours in district court and 56 hours on appeal as reasonable amounts",
"sentence": "See Weakley v. Bowen, 803 F.2d 575, 579-80 (10th Cir.1986) (appellate court awards EAJA fees for 11.25 hours i... | {
"signal": "cf.",
"identifier": "24 F.3d 1414, 1417-18",
"parenthetical": "evaluating reasonableness of fees sought in EAJA application submitted to circuit court",
"sentence": "See Weakley v. Bowen, 803 F.2d 575, 579-80 (10th Cir.1986) (appellate court awards EAJA fees for 11.25 hours in district court and 56... | 1,032,944 | a |
Because counsel has provided sufficient detail for the time spent, this court can determine the reasonableness of the fee request in much the same way we analyze and evaluate requests for time spent on appeal when counsel requests payment under the Criminal Justice Act (CJA), 18 U.S.C. SS 3006A. Both the EAJA and the C... | {
"signal": "cf.",
"identifier": "24 F.3d 1414, 1417-18",
"parenthetical": "evaluating reasonableness of fees sought in EAJA application submitted to circuit court",
"sentence": "See Weakley v. Bowen, 803 F.2d 575, 579-80 (10th Cir.1986) (appellate court awards EAJA fees for 11.25 hours in district court and 56... | {
"signal": "see",
"identifier": "801 F.2d 1197, 1205",
"parenthetical": "awarding attorney fees for four hours of post-trial work, rather than remanding matter to district court",
"sentence": "See Weakley v. Bowen, 803 F.2d 575, 579-80 (10th Cir.1986) (appellate court awards EAJA fees for 11.25 hours in distri... | 1,032,944 | b |
Whether a law falls within the City's police powers does not depend on the lawmakers' subjective intent or the parsing of their proffered or true motives. Rather, the test is whether the law bears a reasonable relationship to the health, safety or welfare of the community, which waste disposal plainly does. | {
"signal": "cf.",
"identifier": "534 N.Y.S.2d 794, 794",
"parenthetical": "invalidating a town law requiring certain applicants for building permits to pay fees that go toward capital improvements to and expansions of state and local transportation infrastructure, noting that the relationship between the law and... | {
"signal": "see",
"identifier": "49 N.E.2d 155, 155-56",
"parenthetical": "holding that the \"[t]he statement of the purpose of the [law in question] in the committee report is not conclusive\" and reiterating that the question is whether the law is \"reasonably calculated\" to achieve a legitimate police power ... | 4,337,823 | b |
A preliminary injunction is not warranted unless the trial court finds that the moving party has demonstrated each of the Rathke factors. | {
"signal": "see also",
"identifier": "30 P.3d 789, 796",
"parenthetical": "\"sinee all the necessary criteria were not established, entry of the preliminary injunction ... was error\"",
"sentence": "Rathke v. MacFarlane, supra, 648 P.2d at 654 (“If each criterion cannot be met, injunctive relief is not availab... | {
"signal": "no signal",
"identifier": "648 P.2d 654, 654",
"parenthetical": "\"If each criterion cannot be met, injunctive relief is not available.\"",
"sentence": "Rathke v. MacFarlane, supra, 648 P.2d at 654 (“If each criterion cannot be met, injunctive relief is not available.”); see also Atmel Corp. v. Vit... | 9,225,502 | b |
This is not to say that the statutory cap is completely irrelevant to the constitutionality analysis, at least in light of the decision of the Ninth Circuit Court of Appeals in Zhang. That decision suggests that Title VII's statutory cap substitutes for a comparable civil penalty, the third BMW factor, as a yardstick o... | {
"signal": "see also",
"identifier": "513 F.3d 164, 164",
"parenthetical": "holding that the combination of the statutory cap and a high threshold for culpability for punitive damages in a Title VII case confined a punitive damages award within the cap to a level tolerated by due process",
"sentence": "See Zha... | {
"signal": "see",
"identifier": "339 F.3d 1045, 1045",
"parenthetical": "using Title VII's statutory cap as a comparator in a SS 1981 discrimination case, because there was no civil penalty for discrimination claims, and the statutory cap represented a legislative judgment similar to a civil penalty",
"sentenc... | 4,258,667 | b |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "no signal",
"identifier": "477 U.S. 274, 281",
"parenthetical": "\"injury to an organization's members will satisfy Article III and allow that organization to litigate in federal court on their behalf'",
"sentence": "Implement Workers of Am. v. Brock, 477 U.S. 274, 281, 106 S.Ct. 2523, 91 L.Ed.2d 2... | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | 4,345,829 | a |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"injury to an organization's members will satisfy Article III and allow that organization to litigate in federal court on their behalf'",
"sentence": "Implement Workers of Am. v. Brock, 477 U.S. 274, 281, 106 S.Ct. 2523, 91 L.Ed.2d 228 (1986) (“inj... | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | 4,345,829 | a |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"injury to an organization's members will satisfy Article III and allow that organization to litigate in federal court on their behalf'",
"sentence": "Implement Workers of Am. v. Brock, 477 U.S. 274, 281, 106 S.Ct. 2523, 91 L.Ed.2d 228 (1986) (“inj... | 4,345,829 | b |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | {
"signal": "no signal",
"identifier": "432 U.S. 333, 342",
"parenthetical": "\"an. association may have standing solely a? the representative of its members\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977) (“an. association may have standing solely a? the representative of its m... | 4,345,829 | b |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"an. association may have standing solely a? the representative of its members\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977) (“an. association may have standing solely a? the representative of its members”); Colwe... | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | 4,345,829 | a |
(Doe. 87 at 5 n.2; Doc. 73.) See Int'l Union, United Auto., Aerospace and Agr. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"an. association may have standing solely a? the representative of its members\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977) (“an. association may have standing solely a? the representative of its members”); Colwe... | {
"signal": "cf.",
"identifier": "358 F.3d 1097, 1101",
"parenthetical": "organizational standing, in comparison to representational standing by an organization, turns on \"whether the organization itself has suffered an injury in fact\"",
"sentence": "Comm’n, 432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1... | 4,345,829 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | {
"signal": "see",
"identifier": "133 Ariz. 569, 570",
"parenthetical": "where defendant was in custody of other states on charges brought in those states, \"holds\" placed by Arizona were irrelevant under sentence credit statute because defendant was never able to satisfy conditions of release imposed by other s... | 4,791,093 | b |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "133 Ariz. 569, 570",
"parenthetical": "where defendant was in custody of other states on charges brought in those states, \"holds\" placed by Arizona were irrelevant under sentence credit statute because defendant was never able to satisfy conditions of release imposed by other s... | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "653 P.2d 26, 27",
"parenthetical": "where defendant was in custody of other states on charges brought in those states, \"holds\" placed by Arizona were irrelevant under sentence credit statute because defendant was never able to satisfy conditions of release imposed by other stat... | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "653 P.2d 26, 27",
"parenthetical": "where defendant was in custody of other states on charges brought in those states, \"holds\" placed by Arizona were irrelevant under sentence credit statute because defendant was never able to satisfy conditions of release imposed by other stat... | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "419 N.W.2d 648, 650",
"parenthetical": "sentence credit is not allowed for time spent in out-of-state incarceration unless such incarceration is solely in connection with the Minne sota offense",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, 27 (Ct. A... | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | {
"signal": "see",
"identifier": "419 N.W.2d 648, 650",
"parenthetical": "sentence credit is not allowed for time spent in out-of-state incarceration unless such incarceration is solely in connection with the Minne sota offense",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, 27 (Ct. A... | 4,791,093 | b |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "100 A.D.2d 549, 550",
"parenthetical": "where defendant seeks sentence credit for jail time spent in another jurisdiction, he must demonstrate that the custody resulted solely from a New York detainer",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, 27... | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | {
"signal": "see",
"identifier": "100 A.D.2d 549, 550",
"parenthetical": "where defendant seeks sentence credit for jail time spent in another jurisdiction, he must demonstrate that the custody resulted solely from a New York detainer",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, 27... | 4,791,093 | b |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "see",
"identifier": "473 N.Y.S.2d 479, 480",
"parenthetical": "where defendant seeks sentence credit for jail time spent in another jurisdiction, he must demonstrate that the custody resulted solely from a New York detainer",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, ... | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | 4,791,093 | a |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | {
"signal": "see",
"identifier": "473 N.Y.S.2d 479, 480",
"parenthetical": "where defendant seeks sentence credit for jail time spent in another jurisdiction, he must demonstrate that the custody resulted solely from a New York detainer",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 570, 653 P.2d 26, ... | 4,791,093 | b |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "153 Mich. App. 157, 161",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v.... | {
"signal": "see",
"identifier": "326 A.2d 622, 623",
"parenthetical": "if defendant is detained in another state solely by reason of Pennsylvania charge and not by reason of separate charges in the other state, then he is entitled to presentence credit",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 5... | 4,791,093 | b |
Most state courts that have decided this question have applied a similar rule under their presentence credit statutes. | {
"signal": "but see",
"identifier": "395 N.W.2d 271, 273",
"parenthetical": "even though defendant was incarcerated in another state on unrelated charges, he is entitled to credit for time served in that state from the date that Michigan authorities placed a \"hold\" on him",
"sentence": "But see People v. Ran... | {
"signal": "see",
"identifier": "326 A.2d 622, 623",
"parenthetical": "if defendant is detained in another state solely by reason of Pennsylvania charge and not by reason of separate charges in the other state, then he is entitled to presentence credit",
"sentence": "See State v. Horrisberger, 133 Ariz. 569, 5... | 4,791,093 | b |
Despite the broad nature of this example, the Court finds Whitfield also has not met her burden of proving she is substantially limited in the major life activity of work. While the record contains evidence of Whitfield's medical limitations, there exists nothing connecting those limitations to ability to perform other... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding plaintiff with carpal tunnel syndrome who could not perform heavy lifting failed to meet burden of establishing substantial limitation in major life activity of work",
"sentence": "Cf. McKay v. Toyota Motor Mfg., 110 F.3d 369 (6th Cir.1997) (holdi... | {
"signal": "but see",
"identifier": "102 F.3d 908, 911",
"parenthetical": "finding an issue of fact existed as to disability of employee who injured shoulder, in light of the back injury example in the Interpretive Guidelines",
"sentence": "Cf. McKay v. Toyota Motor Mfg., 110 F.3d 369 (6th Cir.1997) (holding p... | 288,062 | a |
As its primary basis for upward departure, the district court relied on USSG SS 5K2.14, which states that "if national secu rity, public health, or safety was significantly endangered, the Court may increase the sentence above the guideline range to reflect the nature and circumstances of the offense." That requires a ... | {
"signal": "see",
"identifier": null,
"parenthetical": "reviewing upward departure under SS 5K2.14 for endangering human life while manufacturing a controlled substance",
"sentence": "See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (reviewing upward departure under § 5K2.14 for endangering hum... | {
"signal": "but see",
"identifier": null,
"parenthetical": "affirming SS 5K2.14 upward departure for recidivist defendant whom judge found \"would continue to pose a serious threat to the safety of whatever community he is in\"",
"sentence": "See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (re... | 7,653,685 | a |
As its primary basis for upward departure, the district court relied on USSG SS 5K2.14, which states that "if national secu rity, public health, or safety was significantly endangered, the Court may increase the sentence above the guideline range to reflect the nature and circumstances of the offense." That requires a ... | {
"signal": "see",
"identifier": null,
"parenthetical": "same, for creating a threat to public safety by running a crack house",
"sentence": "See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (reviewing upward departure under § 5K2.14 for endangering human life while manufacturing a controlled su... | {
"signal": "but see",
"identifier": null,
"parenthetical": "affirming SS 5K2.14 upward departure for recidivist defendant whom judge found \"would continue to pose a serious threat to the safety of whatever community he is in\"",
"sentence": "See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (re... | 7,653,685 | a |
The issue of waiver is generally one of fact for the jury, in particular where acts and conduct are relied upon as the basis for the waiver. | {
"signal": "no signal",
"identifier": "250 Iowa 599, 602",
"parenthetical": "question of fact whether failure to respond to monthly billing statements constituted waiver of right to offset claim against account billed",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stro... | {
"signal": "see",
"identifier": "293 N.W.2d 22, 25",
"parenthetical": "fact issue whether commodity account holder's response to margin calls waived prior breach by broker",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602... | 10,674,297 | a |
The issue of waiver is generally one of fact for the jury, in particular where acts and conduct are relied upon as the basis for the waiver. | {
"signal": "cf.",
"identifier": "317 N.W.2d 186, 186",
"parenthetical": "fact issue where evidence raises question of voluntariness of act purported to constitute waiver",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602, ... | {
"signal": "no signal",
"identifier": "250 Iowa 599, 602",
"parenthetical": "question of fact whether failure to respond to monthly billing statements constituted waiver of right to offset claim against account billed",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stro... | 10,674,297 | b |
The issue of waiver is generally one of fact for the jury, in particular where acts and conduct are relied upon as the basis for the waiver. | {
"signal": "no signal",
"identifier": "94 N.W.2d 750, 753",
"parenthetical": "question of fact whether failure to respond to monthly billing statements constituted waiver of right to offset claim against account billed",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Str... | {
"signal": "see",
"identifier": "293 N.W.2d 22, 25",
"parenthetical": "fact issue whether commodity account holder's response to margin calls waived prior breach by broker",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602... | 10,674,297 | a |
The issue of waiver is generally one of fact for the jury, in particular where acts and conduct are relied upon as the basis for the waiver. | {
"signal": "no signal",
"identifier": "94 N.W.2d 750, 753",
"parenthetical": "question of fact whether failure to respond to monthly billing statements constituted waiver of right to offset claim against account billed",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Str... | {
"signal": "cf.",
"identifier": "317 N.W.2d 186, 186",
"parenthetical": "fact issue where evidence raises question of voluntariness of act purported to constitute waiver",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602, ... | 10,674,297 | a |
The issue of waiver is generally one of fact for the jury, in particular where acts and conduct are relied upon as the basis for the waiver. | {
"signal": "see",
"identifier": "293 N.W.2d 22, 25",
"parenthetical": "fact issue whether commodity account holder's response to margin calls waived prior breach by broker",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602... | {
"signal": "cf.",
"identifier": "317 N.W.2d 186, 186",
"parenthetical": "fact issue where evidence raises question of voluntariness of act purported to constitute waiver",
"sentence": "Continental Casualty Co., 258 Iowa at 661, 140 N.W.2d at 130; Williams v. Stroh Plumbing & Electric, Inc., 250 Iowa 599, 602, ... | 10,674,297 | a |
Perhaps for that reason, in recent years courts in other jurisdictions have held that, even prior to the filing of a motion for class certification, an offer of judgment for the full amount of the putative representative's individual claim does not automatically moot the class claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Col... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "offer of judgment to representative plaintiff does not moot proposed \"collective action\" under federal Fair Labor Standards Act",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Collection Recovery, In... | 3,716,956 | b |
Perhaps for that reason, in recent years courts in other jurisdictions have held that, even prior to the filing of a motion for class certification, an offer of judgment for the full amount of the putative representative's individual claim does not automatically moot the class claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Col... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "offer of judgment to representative plaintiff does not moot proposed \"collective action\" under federal Fair Labor Standards Act",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Collection Recovery, In... | 3,716,956 | b |
Perhaps for that reason, in recent years courts in other jurisdictions have held that, even prior to the filing of a motion for class certification, an offer of judgment for the full amount of the putative representative's individual claim does not automatically moot the class claims. | {
"signal": "but see",
"identifier": "948 N.E.2d 1042, 1046",
"parenthetical": "tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Luce... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "offer of judgment to representative plaintiff does not moot proposed \"collective action\" under federal Fair Labor Standards Act",
"sentence": "E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Collection Recovery, In... | 3,716,956 | b |
. Our experience is consistent with that of the First, Fifth and Seventh Circuits. | {
"signal": "see also",
"identifier": "757 P.2d 910, 910",
"parenthetical": "although there was a possibility Rice's presence would have caused a juror to change his vote, it wasn't \"reasonably probable\"",
"sentence": "See Audette v. Isaksen Fishing Corp., 789 F.2d 956, 958 (1st Cir.1986) (quoting Shepherd)',... | {
"signal": "see",
"identifier": "789 F.2d 956, 958",
"parenthetical": "\"Experience teaches, however, that, the likelihood of ... a change of mind [during polling] is remote.\"",
"sentence": "See Audette v. Isaksen Fishing Corp., 789 F.2d 956, 958 (1st Cir.1986) (quoting Shepherd)', United States v. Shepherd, ... | 7,645,412 | b |
. Our experience is consistent with that of the First, Fifth and Seventh Circuits. | {
"signal": "see also",
"identifier": "757 P.2d 910, 910",
"parenthetical": "although there was a possibility Rice's presence would have caused a juror to change his vote, it wasn't \"reasonably probable\"",
"sentence": "See Audette v. Isaksen Fishing Corp., 789 F.2d 956, 958 (1st Cir.1986) (quoting Shepherd)',... | {
"signal": "see",
"identifier": "576 F.2d 719, 724-25",
"parenthetical": "\"Experience teaches, however, that, the likelihood of ... a change of mind [during polling] is remote.\"",
"sentence": "See Audette v. Isaksen Fishing Corp., 789 F.2d 956, 958 (1st Cir.1986) (quoting Shepherd)', United States v. Shepher... | 7,645,412 | b |
. Our experience is consistent with that of the First, Fifth and Seventh Circuits. | {
"signal": "see also",
"identifier": "757 P.2d 910, 910",
"parenthetical": "although there was a possibility Rice's presence would have caused a juror to change his vote, it wasn't \"reasonably probable\"",
"sentence": "See Audette v. Isaksen Fishing Corp., 789 F.2d 956, 958 (1st Cir.1986) (quoting Shepherd)',... | {
"signal": "see",
"identifier": "182 F.2d 225, 227",
"parenthetical": "\"The right of a defendant to poll the jury is of course recognized and long established, but from a practical standpoint, experience of the years has shown that its benefit to a defendant in effecting a change or modification of the jury's v... | 7,645,412 | b |
The prior art need not present the invention in a positive light, so long as all claims are explicitly or inherently contained in the publication. | {
"signal": "see also",
"identifier": "713 F.2d 760, 772",
"parenthetical": "\"The law of anticipation does not require that the reference 'teach' what the subject patent teaches.\"",
"sentence": "See Celeritas, 150 F.3d at 1361 (“A reference is no less anticipatory if, after disclosing the invention, the refer... | {
"signal": "see",
"identifier": "150 F.3d 1361, 1361",
"parenthetical": "\"A reference is no less anticipatory if, after disclosing the invention, the reference then disparages it .... the question of whether a reference 'teaches away' from the invention is inapplicable to an anticipation analysis.\"",
"senten... | 11,470,603 | b |
The prior art need not present the invention in a positive light, so long as all claims are explicitly or inherently contained in the publication. | {
"signal": "see",
"identifier": "150 F.3d 1361, 1361",
"parenthetical": "\"A reference is no less anticipatory if, after disclosing the invention, the reference then disparages it .... the question of whether a reference 'teaches away' from the invention is inapplicable to an anticipation analysis.\"",
"senten... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The law of anticipation does not require that the reference 'teach' what the subject patent teaches.\"",
"sentence": "See Celeritas, 150 F.3d at 1361 (“A reference is no less anticipatory if, after disclosing the invention, the reference then dispa... | 11,470,603 | a |
A judge's state of mind cannot be explored by a litigant, as can a prospective juror's attitudes at voir dire. Therefore, in applying the former standard of "affirmative showing of prejudice," this court has required an actual statement by the challenged judge demonstrating bias. | {
"signal": "cf.",
"identifier": "411 N.W.2d 882, 890-91",
"parenthetical": "judge's statement that his general impression 12 years before trial was that prosecutors thought defendant was guilty does not establish bias where judge could no longer remember facts of case",
"sentence": "See Yeager, 399 N.W.2d at 6... | {
"signal": "see",
"identifier": "399 N.W.2d 652, 652",
"parenthetical": "litigant failed to show prejudice by not demonstrating challenged judge made a derogatory remark",
"sentence": "See Yeager, 399 N.W.2d at 652 (litigant failed to show prejudice by not demonstrating challenged judge made a derogatory remar... | 10,614,907 | b |
Reading the record as whole, we hold that substantial evidence amply supports the IJ's adverse credibility finding, and we affirm the denial of relief on that basis. | {
"signal": "see",
"identifier": "344 F.3d 272, 276",
"parenthetical": "affirming the denial of asylum and withholding of removal where petitioner had failed to overcome an adverse credibility finding",
"sentence": "See Wu Biao Chen v. INS, 344 F.3d 272, 276 (2d Cir.2003) (per curiam) (affirming the denial of a... | {
"signal": "see also",
"identifier": "357 F.3d 169, 185",
"parenthetical": "noting that an adverse credibility finding dooms an asylum claim",
"sentence": "See Wu Biao Chen v. INS, 344 F.3d 272, 276 (2d Cir.2003) (per curiam) (affirming the denial of asylum and withholding of removal where petitioner had faile... | 1,178,964 | a |
. Although the parties' briefing focuses on the contours of deliberate indifference, the court notes that an actionable Eighth Amendment violation also involves an objective inquiry, namely the seriousness of the inmate's medical need. | {
"signal": "see also",
"identifier": "298 F.3d 904, 904",
"parenthetical": "discussing both the objective and subjective elements of an Eighth Amendment claim",
"sentence": "McGuckin v. Smith, 974 F.2d 1050, 1059-60 (9th Cir.1992) (\"A determination of 'deliberate indifference’ involves an examination of two e... | {
"signal": "no signal",
"identifier": "974 F.2d 1050, 1059-60",
"parenthetical": "\"A determination of 'deliberate indifference' involves an examination of two elements: the seriousness of the prisoner's medical need and the nature of the defendant's response to that need.\"",
"sentence": "McGuckin v. Smith, 9... | 1,259,265 | b |
. Although the parties' briefing focuses on the contours of deliberate indifference, the court notes that an actionable Eighth Amendment violation also involves an objective inquiry, namely the seriousness of the inmate's medical need. | {
"signal": "no signal",
"identifier": "104 F.3d 1133, 1136",
"parenthetical": "\"A determination of 'deliberate indifference' involves an examination of two elements: the seriousness of the prisoner's medical need and the nature of the defendant's response to that need.\"",
"sentence": "McGuckin v. Smith, 974 ... | {
"signal": "see also",
"identifier": "298 F.3d 904, 904",
"parenthetical": "discussing both the objective and subjective elements of an Eighth Amendment claim",
"sentence": "McGuckin v. Smith, 974 F.2d 1050, 1059-60 (9th Cir.1992) (\"A determination of 'deliberate indifference’ involves an examination of two e... | 1,259,265 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "96 Fed.Appx. 127, 129",
"parenthetical": "vacating denial of SS 2255 petition and remanding for resentenc-ing where state conviction that was set aside after federal sentencing based upon constitutional invalidity of guilty plea was \"expunged\" and should not have been included ... | {
"signal": "see also",
"identifier": "198 F.3d 813, 813-14",
"parenthetical": "affirming allowance of SS 2255 motion after defendant successfully attacked prior state conviction used to enhance federal sentence",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defen... | 9,027,806 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "96 Fed.Appx. 127, 129",
"parenthetical": "vacating denial of SS 2255 petition and remanding for resentenc-ing where state conviction that was set aside after federal sentencing based upon constitutional invalidity of guilty plea was \"expunged\" and should not have been included ... | {
"signal": "see also",
"identifier": "247 F.Supp.2d 134, 134",
"parenthetical": "granting SS 2255 motion after state conviction, which served as a predicate offense for USSG SS 4B1.1 purposes, had been vacated",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defend... | 9,027,806 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "175 F.3d 1108, 1108",
"parenthetical": "holding that court should have granted SS 2255 petition where state conviction used to enhance federal sentence was vacated based on invalidity of plea",
"sentence": "See, e.g., United States v. Mobley, 96 Fed.Appx. 127, 129 (4th Cir.2004... | {
"signal": "see also",
"identifier": "198 F.3d 813, 813-14",
"parenthetical": "affirming allowance of SS 2255 motion after defendant successfully attacked prior state conviction used to enhance federal sentence",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defen... | 9,027,806 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "175 F.3d 1108, 1108",
"parenthetical": "holding that court should have granted SS 2255 petition where state conviction used to enhance federal sentence was vacated based on invalidity of plea",
"sentence": "See, e.g., United States v. Mobley, 96 Fed.Appx. 127, 129 (4th Cir.2004... | {
"signal": "see also",
"identifier": "247 F.Supp.2d 134, 134",
"parenthetical": "granting SS 2255 motion after state conviction, which served as a predicate offense for USSG SS 4B1.1 purposes, had been vacated",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defend... | 9,027,806 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "2004 WL 2414843, at *2",
"parenthetical": "finding it impermissible to count state conviction for federal sentencing purposes where guilty plea was withdrawn based on invalidity of plea, finding of guilt was withdrawn, and charge was dismissed",
"sentence": "See, e.g., United S... | {
"signal": "see also",
"identifier": "198 F.3d 813, 813-14",
"parenthetical": "affirming allowance of SS 2255 motion after defendant successfully attacked prior state conviction used to enhance federal sentence",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defen... | 9,027,806 | a |
.Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. | {
"signal": "see",
"identifier": "2004 WL 2414843, at *2",
"parenthetical": "finding it impermissible to count state conviction for federal sentencing purposes where guilty plea was withdrawn based on invalidity of plea, finding of guilt was withdrawn, and charge was dismissed",
"sentence": "See, e.g., United S... | {
"signal": "see also",
"identifier": "247 F.Supp.2d 134, 134",
"parenthetical": "granting SS 2255 motion after state conviction, which served as a predicate offense for USSG SS 4B1.1 purposes, had been vacated",
"sentence": "See also Walker, 198 F.3d at 813-14 (affirming allowance of § 2255 motion after defend... | 9,027,806 | a |
Moreover, the view of this court has long been that Zinermon is best viewed as a case where the state statutory scheme conferred so much discretion on state officials so as to authorize the state officials' actions in deprivation of procedural rights. | {
"signal": "see",
"identifier": "163 F.3d 15, 19",
"parenthetical": "in Zinermon \"the procedure was itself authorized by state law\"",
"sentence": "See Herwins v. City of Revere, 163 F.3d 15, 19 (1st Cir.1998) (in Zinermon “the procedure was itself authorized by state law”); see also Mard v. Town of Amherst, ... | {
"signal": "see also",
"identifier": "210 F.3d 41, 50",
"parenthetical": "\"In Herwins, we viewed Zinermon as a case in which state law did authorize the procedure followed (albeit unconstitutionally",
"sentence": "See Herwins v. City of Revere, 163 F.3d 15, 19 (1st Cir.1998) (in Zinermon “the procedure was it... | 5,865,240 | a |
The statute itself is silent on the type of proof required. It certainly does not require either a "spoken understanding" or any other direct evidence of a violation. In the absence of explicit statutory direction, it has long been established that circumstantial evidence is competent to establish the elements of a cri... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"It is too well settled to require citation of authorities that any material fact may be proved by circumstantial evidence, as well as by direct evidence.\"",
"sentence": "See Moorman v. State, 157 Fla. 267, 25 So.2d 563, 564 (1946) (“It is too well sett... | {
"signal": "see also",
"identifier": "436 So.2d 66, 71",
"parenthetical": "\"The element of intent, being a state of mind, often can only be proved by circumstantial evidence.\"",
"sentence": "See Moorman v. State, 157 Fla. 267, 25 So.2d 563, 564 (1946) (“It is too well settled to require citation of authoriti... | 9,203,057 | a |
The statute itself is silent on the type of proof required. It certainly does not require either a "spoken understanding" or any other direct evidence of a violation. In the absence of explicit statutory direction, it has long been established that circumstantial evidence is competent to establish the elements of a cri... | {
"signal": "see",
"identifier": "25 So.2d 563, 564",
"parenthetical": "\"It is too well settled to require citation of authorities that any material fact may be proved by circumstantial evidence, as well as by direct evidence.\"",
"sentence": "See Moorman v. State, 157 Fla. 267, 25 So.2d 563, 564 (1946) (“It i... | {
"signal": "see also",
"identifier": "436 So.2d 66, 71",
"parenthetical": "\"The element of intent, being a state of mind, often can only be proved by circumstantial evidence.\"",
"sentence": "See Moorman v. State, 157 Fla. 267, 25 So.2d 563, 564 (1946) (“It is too well settled to require citation of authoriti... | 9,203,057 | a |
In determining whether a private citizen acted as a government agent, we consider "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the private actor's purpose was to assist law enforcement efforts rather than to further his own ends." As part of our inquiry, we also consider ... | {
"signal": "see",
"identifier": "765 F.2d 1088, 1090",
"parenthetical": "affirming denial of a motion to suppress in part because nothing evidenced that the government openly encouraged or cooperated in the private citizen's search",
"sentence": "See United States v. Ford, 765 F.2d 1088, 1090 (11th Cir.1985) (... | {
"signal": "see also",
"identifier": "84 F.3d 1240, 1243",
"parenthetical": "noting that the \"knowledge and acquiescence\" criteria \"encompass the requirement that the government agent must also affirmatively encourage, initiate or instigate the private action.\"",
"sentence": "See United States v. Ford, 765... | 4,351,082 | a |
Caprio, however, must demonstrate that his lack of awareness as to defendant's actual motivation was reasonable. | {
"signal": "see also",
"identifier": "516 F.2d 924, 931",
"parenthetical": "noting that 90-day requirement to file EEOC charge begins to run when \"facts that would support a charge of discrimination under Title VII were apparent or should have been apparent to a person with a reasonably prudent regard for his r... | {
"signal": "see",
"identifier": "180 F.Supp.2d 35, 40",
"parenthetical": "rejecting extension of 45-day deadline where plaintiff had a \"reasonable suspicion\" of discriminatory motive based on facts known to him",
"sentence": "See McCants v. Glickman, 180 F.Supp.2d 35, 40 (D.D.C.2001) (rejecting extension of ... | 4,130,542 | b |
Caprio, however, must demonstrate that his lack of awareness as to defendant's actual motivation was reasonable. | {
"signal": "see",
"identifier": "180 F.Supp.2d 35, 40",
"parenthetical": "rejecting extension of 45-day deadline where plaintiff had a \"reasonable suspicion\" of discriminatory motive based on facts known to him",
"sentence": "See McCants v. Glickman, 180 F.Supp.2d 35, 40 (D.D.C.2001) (rejecting extension of ... | {
"signal": "cf.",
"identifier": "966 F.2d 904, 906-907",
"parenthetical": "denying equitable tolling of the limitations period because a complainant has a duty of \"diligent inquiry ... to proceed with a reasonable investigation in response to an adverse event\"",
"sentence": "See McCants v. Glickman, 180 F.Su... | 4,130,542 | a |
Caprio, however, must demonstrate that his lack of awareness as to defendant's actual motivation was reasonable. | {
"signal": "cf.",
"identifier": "966 F.2d 904, 906-907",
"parenthetical": "denying equitable tolling of the limitations period because a complainant has a duty of \"diligent inquiry ... to proceed with a reasonable investigation in response to an adverse event\"",
"sentence": "See McCants v. Glickman, 180 F.Su... | {
"signal": "see also",
"identifier": "516 F.2d 924, 931",
"parenthetical": "noting that 90-day requirement to file EEOC charge begins to run when \"facts that would support a charge of discrimination under Title VII were apparent or should have been apparent to a person with a reasonably prudent regard for his r... | 4,130,542 | b |
The record before us fails to demonstrate that Fuzer suffered an actual and substantial prejudice because we are aware of no case law, nor has any been provided to us, even suggesting that a felon has a right to serve his federal and state sentences concurrently. | {
"signal": "no signal",
"identifier": "956 F.2d 1408, 1415-16",
"parenthetical": "\"Koller has no right to serve his sentences on these two different convictions, one state and one federal, concurrently, and thus, he suffered no prejudice\"",
"sentence": "United States v. Koller, 956 F.2d 1408, 1415-16 (7th Ci... | {
"signal": "see also",
"identifier": "962 F.2d 1354, 1354",
"parenthetical": "noting that defendant offered \"no more than bare allegations that the delay deprived him of concurrent sentencing''",
"sentence": "United States v. Koller, 956 F.2d 1408, 1415-16 (7th Cir.1992) (“Koller has no right to serve his sen... | 10,508,194 | a |
The record before us fails to demonstrate that Fuzer suffered an actual and substantial prejudice because we are aware of no case law, nor has any been provided to us, even suggesting that a felon has a right to serve his federal and state sentences concurrently. | {
"signal": "see also",
"identifier": "894 F.2d 1043, 1051",
"parenthetical": "rejecting defendant's claim that he would have received concurrent federal and state sentences had he been tried sooner as \"entirely speculative\"",
"sentence": "United States v. Koller, 956 F.2d 1408, 1415-16 (7th Cir.1992) (“Kolle... | {
"signal": "no signal",
"identifier": "956 F.2d 1408, 1415-16",
"parenthetical": "\"Koller has no right to serve his sentences on these two different convictions, one state and one federal, concurrently, and thus, he suffered no prejudice\"",
"sentence": "United States v. Koller, 956 F.2d 1408, 1415-16 (7th Ci... | 10,508,194 | b |
We have interpreted this scheme, in a variety of circumstances, as vesting sole authority to make post-dispositional decisions in the director of the agency responsible for supervision. | {
"signal": "see",
"identifier": "879 A.2d 1, 11",
"parenthetical": "in case of delinquent child committed to agency custody, holding that trial court did not have authority to release juvenile from agency custody, and noting that \"[i]n delinquency cases, the only power that the trial court retains after a commi... | {
"signal": "see also",
"identifier": "411 A.2d 345, 347",
"parenthetical": "\"It is generally well established that a court is without authority to suspend or impose a sentence of a nature or in a manner not specified by statute.\" \"As a result, the judiciary is frequently without power to modify, review or alt... | 7,313,028 | a |
We have interpreted this scheme, in a variety of circumstances, as vesting sole authority to make post-dispositional decisions in the director of the agency responsible for supervision. | {
"signal": "see",
"identifier": "851 A.2d 503, 512",
"parenthetical": "in case of delinquent child sentenced to probation, holding that court had no authority to extend term of probation in absence of motion to that effect from agency director, and noting that the agency director \"is the person with statutory a... | {
"signal": "see also",
"identifier": "411 A.2d 345, 347",
"parenthetical": "\"It is generally well established that a court is without authority to suspend or impose a sentence of a nature or in a manner not specified by statute.\" \"As a result, the judiciary is frequently without power to modify, review or alt... | 7,313,028 | a |
We have interpreted this scheme, in a variety of circumstances, as vesting sole authority to make post-dispositional decisions in the director of the agency responsible for supervision. | {
"signal": "see also",
"identifier": "411 A.2d 345, 347",
"parenthetical": "\"It is generally well established that a court is without authority to suspend or impose a sentence of a nature or in a manner not specified by statute.\" \"As a result, the judiciary is frequently without power to modify, review or alt... | {
"signal": "see",
"identifier": "821 A.2d 905, 912",
"parenthetical": "in case of delinquent child committed to agency's custody, holding that court had no authority to order agency to place juvenile in a particular facility",
"sentence": "See, e.g., In re K.A., 879 A.2d 1, 11 (D.C.2005) (in case of delinquent... | 7,313,028 | b |
Moreover, of the gang evidence adduced at trial, Detective Caffey's testimony was particularly probative of the conspiracy charge, because it served to clarify certain ambiguities and fill in the gaps left by the other gang evidence. | {
"signal": "see also",
"identifier": "661 F.3d 1126, 1126",
"parenthetical": "gang evidence became relevant upon admission of recordings of defendant discussing such gang and likening himself to its leader",
"sentence": "See United States v. Bradberry, 466 F.3d 1249, 1253-54 (11th Cir.2006) (evidence of defend... | {
"signal": "see",
"identifier": "466 F.3d 1249, 1253-54",
"parenthetical": "evidence of defendant's gang membership was probative, because it helped explain his connection to other individuals and circumstances in which they committed charged offense",
"sentence": "See United States v. Bradberry, 466 F.3d 1249... | 4,194,922 | b |
Moreover, of the gang evidence adduced at trial, Detective Caffey's testimony was particularly probative of the conspiracy charge, because it served to clarify certain ambiguities and fill in the gaps left by the other gang evidence. | {
"signal": "see",
"identifier": "341 F.3d 1284, 1284",
"parenthetical": "evidence of defendant's membership in gang that used color red as symbol and wrapped weapons in red bandanas was \"especially probative\" in light of evidence that defendant's weapon was found wrapped in red bandana",
"sentence": "See Uni... | {
"signal": "see also",
"identifier": "661 F.3d 1126, 1126",
"parenthetical": "gang evidence became relevant upon admission of recordings of defendant discussing such gang and likening himself to its leader",
"sentence": "See United States v. Bradberry, 466 F.3d 1249, 1253-54 (11th Cir.2006) (evidence of defend... | 4,194,922 | a |
Even if, contrary to the fact, the defendant was prejudiced by the government's change in theory, such prejudice could have been obviated by the defense utilizing the opportunity to recall witnesses and to have the matter adjourned, if necessary, for that purpose. | {
"signal": "cf.",
"identifier": "92 F.3d 1271, 1291",
"parenthetical": "\"The rule is clear that a defendant's failure to recall a witness, despite permission to do so, undermines a claim of prejudice based on a disclosure that materialized after the witness finished testifying (but before the trial ended",
"s... | {
"signal": "see",
"identifier": "170 F.3d 337, 337",
"parenthetical": "\"Finally, by giving him the opportunity to respond by presenting additional evidence or argument to the jury, the district court carefully avoided causing Moore any arguable prejudice in the giving of the supplemental instruction.\"",
"sen... | 3,667,818 | b |
Even if, contrary to the fact, the defendant was prejudiced by the government's change in theory, such prejudice could have been obviated by the defense utilizing the opportunity to recall witnesses and to have the matter adjourned, if necessary, for that purpose. | {
"signal": "cf.",
"identifier": "844 F.2d 1397, 1403",
"parenthetical": "finding that where defendant was allowed to recall witnesses and re-examine them regarding belatedly disclosed evidence, defendant \"had substantial opportunity to use the [evidence] and to cure any prejudice caused by the delayed disclosur... | {
"signal": "see",
"identifier": "170 F.3d 337, 337",
"parenthetical": "\"Finally, by giving him the opportunity to respond by presenting additional evidence or argument to the jury, the district court carefully avoided causing Moore any arguable prejudice in the giving of the supplemental instruction.\"",
"sen... | 3,667,818 | b |
Even if, contrary to the fact, the defendant was prejudiced by the government's change in theory, such prejudice could have been obviated by the defense utilizing the opportunity to recall witnesses and to have the matter adjourned, if necessary, for that purpose. | {
"signal": "cf.",
"identifier": "729 F.2d 195, 199",
"parenthetical": "reversal not warranted notwithstanding government's failure to timely produce evidence favorable to defendants given defendants did not request a continuance, recall witnesses for further examination, or introduce rebuttal evidence, in an eff... | {
"signal": "see",
"identifier": "170 F.3d 337, 337",
"parenthetical": "\"Finally, by giving him the opportunity to respond by presenting additional evidence or argument to the jury, the district court carefully avoided causing Moore any arguable prejudice in the giving of the supplemental instruction.\"",
"sen... | 3,667,818 | b |
The Fourteenth Amendment bars "any State [from] depriving] any person of life, liberty, or property, without due process of law." U.S. Const. amend. In this conception, due process encompasses certain "fundamental" rights. | {
"signal": "see also",
"identifier": "521 U.S. 720, 720",
"parenthetical": "speaking of enumerated rights together with implied fundamental rights in the context of substantive due process",
"sentence": "See Twining, 211 U.S. at 99, 29 S.Ct. 14 (“[I]t is possible that some of the personal rights safeguarded by... | {
"signal": "see",
"identifier": "211 U.S. 99, 99",
"parenthetical": "\"[I]t is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.\"",
"sentenc... | 4,236,847 | b |
The Fourteenth Amendment bars "any State [from] depriving] any person of life, liberty, or property, without due process of law." U.S. Const. amend. In this conception, due process encompasses certain "fundamental" rights. | {
"signal": "see",
"identifier": "211 U.S. 99, 99",
"parenthetical": "\"[I]t is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.\"",
"sentenc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "speaking of enumerated rights together with implied fundamental rights in the context of substantive due process",
"sentence": "See Twining, 211 U.S. at 99, 29 S.Ct. 14 (“[I]t is possible that some of the personal rights safeguarded by the first eigh... | 4,236,847 | a |
The Fourteenth Amendment bars "any State [from] depriving] any person of life, liberty, or property, without due process of law." U.S. Const. amend. In this conception, due process encompasses certain "fundamental" rights. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.\"",
"sentence": "See Twin... | {
"signal": "see also",
"identifier": "521 U.S. 720, 720",
"parenthetical": "speaking of enumerated rights together with implied fundamental rights in the context of substantive due process",
"sentence": "See Twining, 211 U.S. at 99, 29 S.Ct. 14 (“[I]t is possible that some of the personal rights safeguarded by... | 4,236,847 | a |
The Fourteenth Amendment bars "any State [from] depriving] any person of life, liberty, or property, without due process of law." U.S. Const. amend. In this conception, due process encompasses certain "fundamental" rights. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.\"",
"sentence": "See Twin... | {
"signal": "see also",
"identifier": null,
"parenthetical": "speaking of enumerated rights together with implied fundamental rights in the context of substantive due process",
"sentence": "See Twining, 211 U.S. at 99, 29 S.Ct. 14 (“[I]t is possible that some of the personal rights safeguarded by the first eigh... | 4,236,847 | a |
Riggins filed a petition for habeas corpus in June 1998, claiming that the state courts' rejections of his ineffectiveness claim were "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.'^ Although Riggins argues his testimony was credible (and that ther... | {
"signal": "see",
"identifier": "229 F.3d 724, 726",
"parenthetical": "\"[T]he trier of fact is entitled to make the ultimate decision of whether testimony is to be believed.\"",
"sentence": "See Loeblein v. Dormire, 229 F.3d 724, 726 (8th Cir.2000) (“[T]he trier of fact is entitled to make the ultimate decisi... | {
"signal": "cf.",
"identifier": "8 F.3d 1132, 1139",
"parenthetical": "\"[W]e have repeatedly held that self-serving statements by a defendant that his conviction was constitutionally infirm are insufficient to overcome the presumption of regularity accorded state convictions.\"",
"sentence": "See Loeblein v. ... | 11,145,412 | a |
Riggins filed a petition for habeas corpus in June 1998, claiming that the state courts' rejections of his ineffectiveness claim were "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.'^ Although Riggins argues his testimony was credible (and that ther... | {
"signal": "see",
"identifier": "229 F.3d 724, 726",
"parenthetical": "\"[T]he trier of fact is entitled to make the ultimate decision of whether testimony is to be believed.\"",
"sentence": "See Loeblein v. Dormire, 229 F.3d 724, 726 (8th Cir.2000) (“[T]he trier of fact is entitled to make the ultimate decisi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[W]e have repeatedly held that self-serving statements by a defendant that his conviction was constitutionally infirm are insufficient to overcome the presumption of regularity accorded state convictions.\"",
"sentence": "See Loeblein v. Dormire, 229 F.... | 11,145,412 | a |
Riggins filed a petition for habeas corpus in June 1998, claiming that the state courts' rejections of his ineffectiveness claim were "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.'^ Although Riggins argues his testimony was credible (and that ther... | {
"signal": "see",
"identifier": "229 F.3d 724, 726",
"parenthetical": "\"[T]he trier of fact is entitled to make the ultimate decision of whether testimony is to be believed.\"",
"sentence": "See Loeblein v. Dormire, 229 F.3d 724, 726 (8th Cir.2000) (“[T]he trier of fact is entitled to make the ultimate decisi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[W]e have repeatedly held that self-serving statements by a defendant that his conviction was constitutionally infirm are insufficient to overcome the presumption of regularity accorded state convictions.\"",
"sentence": "See Loeblein v. Dormire, 229 F.... | 11,145,412 | a |
Riggins filed a petition for habeas corpus in June 1998, claiming that the state courts' rejections of his ineffectiveness claim were "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.'^ Although Riggins argues his testimony was credible (and that ther... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[W]e have repeatedly held that self-serving statements by a defendant that his conviction was constitutionally infirm are insufficient to overcome the presumption of regularity accorded state convictions.\"",
"sentence": "See Loeblein v. Dormire, 229 F.... | {
"signal": "see",
"identifier": "229 F.3d 724, 726",
"parenthetical": "\"[T]he trier of fact is entitled to make the ultimate decision of whether testimony is to be believed.\"",
"sentence": "See Loeblein v. Dormire, 229 F.3d 724, 726 (8th Cir.2000) (“[T]he trier of fact is entitled to make the ultimate decisi... | 11,145,412 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "but cf.",
"identifier": "278 F.3d 868, 872",
"parenthetical": "finding prohibition on \"any pornography\" inherently vague and remanded for a condition with greater specificity",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite finding the term \"pornography\" susceptible to various meanings, the' court found no due process violation' when the facts surrounding defendant's probation # violation show that defendant had adequate notice of what reasonably constituted prohibit... | 8,347,988 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "but cf.",
"identifier": "237 F.3d 251, 263-65",
"parenthetical": "finding a condition prohibiting \"all forms of pornography, including legal adult pornography,\" as providing inadequate notice to defendant",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the ... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite finding the term \"pornography\" susceptible to various meanings, the' court found no due process violation' when the facts surrounding defendant's probation # violation show that defendant had adequate notice of what reasonably constituted prohibit... | 8,347,988 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "see",
"identifier": "319 F.3d 177, 192-93",
"parenthetical": "finding no due process violation with condition prohibiting sexually oriented or sexually stimulating material",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to ... | {
"signal": "but cf.",
"identifier": "278 F.3d 868, 872",
"parenthetical": "finding prohibition on \"any pornography\" inherently vague and remanded for a condition with greater specificity",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible... | 8,347,988 | a |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "but cf.",
"identifier": "237 F.3d 251, 263-65",
"parenthetical": "finding a condition prohibiting \"all forms of pornography, including legal adult pornography,\" as providing inadequate notice to defendant",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the ... | {
"signal": "see",
"identifier": "319 F.3d 177, 192-93",
"parenthetical": "finding no due process violation with condition prohibiting sexually oriented or sexually stimulating material",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to ... | 8,347,988 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "see",
"identifier": "325 F.3d 384, 385",
"parenthetical": "finding adequate notice to defendant in prohibition of \"any 'matter' that is pornographic\"",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to various meanings, the... | {
"signal": "but cf.",
"identifier": "278 F.3d 868, 872",
"parenthetical": "finding prohibition on \"any pornography\" inherently vague and remanded for a condition with greater specificity",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible... | 8,347,988 | a |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "see",
"identifier": "325 F.3d 384, 385",
"parenthetical": "finding adequate notice to defendant in prohibition of \"any 'matter' that is pornographic\"",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to various meanings, the... | {
"signal": "but cf.",
"identifier": "237 F.3d 251, 263-65",
"parenthetical": "finding a condition prohibiting \"all forms of pornography, including legal adult pornography,\" as providing inadequate notice to defendant",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the ... | 8,347,988 | a |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "but cf.",
"identifier": "278 F.3d 868, 872",
"parenthetical": "finding prohibition on \"any pornography\" inherently vague and remanded for a condition with greater specificity",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible... | {
"signal": "see",
"identifier": "335 F.3d 692, 695",
"parenthetical": "not finding plain error when district court imposed condition prohibiting possession of pornography",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to various meanin... | 8,347,988 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "but cf.",
"identifier": "237 F.3d 251, 263-65",
"parenthetical": "finding a condition prohibiting \"all forms of pornography, including legal adult pornography,\" as providing inadequate notice to defendant",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the ... | {
"signal": "see",
"identifier": "335 F.3d 692, 695",
"parenthetical": "not finding plain error when district court imposed condition prohibiting possession of pornography",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible to various meanin... | 8,347,988 | b |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "see",
"identifier": "175 S.W.3d 99, 99",
"parenthetical": "finding the prohibition of \"any sexually arousing materials\" to be sufficiently construed in relationship with other provisions, and not unconstitutionally vague",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (desp... | {
"signal": "but cf.",
"identifier": "278 F.3d 868, 872",
"parenthetical": "finding prohibition on \"any pornography\" inherently vague and remanded for a condition with greater specificity",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the term “pornography” susceptible... | 8,347,988 | a |
We note that the federal Second, Fifth, and Eighth Circuit Courts of Appeals, as well as other state courts, have found that due process is not violated when a sexual offender's probationary condition imposes a ban on viewing obscene, pornographic, sexually oriented, or sexually stimulating materials. | {
"signal": "see",
"identifier": "175 S.W.3d 99, 99",
"parenthetical": "finding the prohibition of \"any sexually arousing materials\" to be sufficiently construed in relationship with other provisions, and not unconstitutionally vague",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (desp... | {
"signal": "but cf.",
"identifier": "237 F.3d 251, 263-65",
"parenthetical": "finding a condition prohibiting \"all forms of pornography, including legal adult pornography,\" as providing inadequate notice to defendant",
"sentence": "See, e.g., Farrell v. Burke, 449 F.3d 470 (2d Cir.2006) (despite finding the ... | 8,347,988 | a |
Therefore, as Defendant's subpoenas, seeking Plaintiffs entire employment file from his former employers, are not limited to seeking only those documents relevant to this FLSA overtime compensation action or the claims based upon an oral employment contract, they are overly broad on their face. | {
"signal": "see",
"identifier": "275 F.R.D. 255, 255-56",
"parenthetical": "finding subpoenas to be overbroad because \"compli anee with the subpoenas will result in defendants receiving a plethora of documents, the vast majority of which would be completely unrelated to any possible issue in this case\"",
"se... | {
"signal": "see also",
"identifier": "2010 WL 4607402, at *1",
"parenthetical": "holding subpoena of entire personnel file from former employers was overbroad",
"sentence": "See Hendricks, 275 F.R.D. at 255-56 (finding subpoenas to be overbroad because “compli anee with the subpoenas will result in defendants ... | 4,255,582 | a |
Therefore, as Defendant's subpoenas, seeking Plaintiffs entire employment file from his former employers, are not limited to seeking only those documents relevant to this FLSA overtime compensation action or the claims based upon an oral employment contract, they are overly broad on their face. | {
"signal": "see also",
"identifier": "2010 WL 4607402, at *1",
"parenthetical": "holding subpoena of entire personnel file from former employers was overbroad",
"sentence": "See Hendricks, 275 F.R.D. at 255-56 (finding subpoenas to be overbroad because “compli anee with the subpoenas will result in defendants ... | {
"signal": "see",
"identifier": "2007 WL 4370647, at *4",
"parenthetical": "holding that subpoenas seeking \"any and all documents, files and records, reflecting or relating to the employment\" of each plaintiff were \"overly broad on their face\"",
"sentence": "See Hendricks, 275 F.R.D. at 255-56 (finding sub... | 4,255,582 | b |
To the extent that Ramirez alleged Fourteenth Amendment substantive due process claims, dismissal was proper because Ramirez failed to allege facts sufficient to show an intent to punish or that the policies were unrelated to a legitimate governmental purpose. | {
"signal": "see",
"identifier": "441 U.S. 520, 535-36, 538",
"parenthetical": "setting forth criteria for evaluating a pretrial detainee's substantive due process claim",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (setting forth criteria for evaluating a p... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a pretrial detainee's Eighth Amendment claim is \"properly recharacterized ... as a substantive due process claim under the Fourteenth Amendment\"",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (se... | 4,343,547 | a |
To the extent that Ramirez alleged Fourteenth Amendment substantive due process claims, dismissal was proper because Ramirez failed to allege facts sufficient to show an intent to punish or that the policies were unrelated to a legitimate governmental purpose. | {
"signal": "see also",
"identifier": null,
"parenthetical": "a pretrial detainee's Eighth Amendment claim is \"properly recharacterized ... as a substantive due process claim under the Fourteenth Amendment\"",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (se... | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth criteria for evaluating a pretrial detainee's substantive due process claim",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (setting forth criteria for evaluating a pretrial detainee’s subs... | 4,343,547 | b |
To the extent that Ramirez alleged Fourteenth Amendment substantive due process claims, dismissal was proper because Ramirez failed to allege facts sufficient to show an intent to punish or that the policies were unrelated to a legitimate governmental purpose. | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth criteria for evaluating a pretrial detainee's substantive due process claim",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (setting forth criteria for evaluating a pretrial detainee’s subs... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a pretrial detainee's Eighth Amendment claim is \"properly recharacterized ... as a substantive due process claim under the Fourteenth Amendment\"",
"sentence": "See Bell v. Wolfish, 441 U.S. 520, 535-36, 538, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (se... | 4,343,547 | a |
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