context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Assuming Ms. Perez's affidavit is accurate, she and Juror 79 saw each other in a store sometime around 2006, long before the jury was seated in this case. (R. 979, Salazar's Mot. for New Trial, Ms. Perez's Aff. PP 6-8.) The jury foreperson testified that Juror 79 reported recognizing one or more family members on the t... | {
"signal": "see",
"identifier": "263 F.3d 723, 723",
"parenthetical": "no hearing required where potential extraneous influence was \"not a third-party contact of the sort described in Remmer\"",
"sentence": "See Whitehead, 263 F.3d at 723 (no hearing required where potential extraneous influence was “not a th... | {
"signal": "see also",
"identifier": null,
"parenthetical": "limiting Remmer to cases where defendant introduced \"competent evidence that there was an extrajudicial communication or contact, and that it was more than innocuous interventions.\"",
"sentence": "See Whitehead, 263 F.3d at 723 (no hearing required... | 3,773,425 | a |
Assuming Ms. Perez's affidavit is accurate, she and Juror 79 saw each other in a store sometime around 2006, long before the jury was seated in this case. (R. 979, Salazar's Mot. for New Trial, Ms. Perez's Aff. PP 6-8.) The jury foreperson testified that Juror 79 reported recognizing one or more family members on the t... | {
"signal": "see",
"identifier": "758 F.2d 199, 202-03",
"parenthetical": "no error where district court declined to conduct inquiry into juror reaction to an extraneous communication because, unlike Remmer, the comment heard by a juror was ambiguous and innocuous",
"sentence": "See Whitehead, 263 F.3d at 723 (... | {
"signal": "see also",
"identifier": null,
"parenthetical": "limiting Remmer to cases where defendant introduced \"competent evidence that there was an extrajudicial communication or contact, and that it was more than innocuous interventions.\"",
"sentence": "See Whitehead, 263 F.3d at 723 (no hearing required... | 3,773,425 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "cf.",
"identifier": "66 P.3d 59, 64",
"parenthetical": "finding no abuse of discretion in allowing a prosecutor to use a PowerPoint that consisted of pictures provided in discovery and later admitted into evidence at trial and descriptive text echoing the prosecutor's oral statements in opening to wh... | {
"signal": "see",
"identifier": null,
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides be taken down\" an... | 4,245,971 | b |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intentioned that an in... | {
"signal": "see",
"identifier": null,
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides be taken down\" an... | 4,245,971 | b |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "see",
"identifier": null,
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides be taken down\" an... | {
"signal": "but cf.",
"identifier": "286 P.3d 673, 678",
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intenti... | 4,245,971 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "see",
"identifier": "707 S.E.2d 56, 57-58",
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides ... | {
"signal": "cf.",
"identifier": "66 P.3d 59, 64",
"parenthetical": "finding no abuse of discretion in allowing a prosecutor to use a PowerPoint that consisted of pictures provided in discovery and later admitted into evidence at trial and descriptive text echoing the prosecutor's oral statements in opening to wh... | 4,245,971 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "see",
"identifier": "707 S.E.2d 56, 57-58",
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intentioned that an in... | 4,245,971 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "see",
"identifier": "707 S.E.2d 56, 57-58",
"parenthetical": "where the trial court sustained the defense objection to PowerPoint slides declaring \"Defendant's Story Is a Lie\" and asserting that \"People Lie When They Are Guilty\" and gave an \"immediate corrective action, ordering that the slides ... | {
"signal": "but cf.",
"identifier": "286 P.3d 673, 678",
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intenti... | 4,245,971 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "cf.",
"identifier": "66 P.3d 59, 64",
"parenthetical": "finding no abuse of discretion in allowing a prosecutor to use a PowerPoint that consisted of pictures provided in discovery and later admitted into evidence at trial and descriptive text echoing the prosecutor's oral statements in opening to wh... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intentioned that an in... | 4,245,971 | a |
Egregious misconduct may or may not be sufficient to raise a reasonable doubt about the convictions, depending on the efficacy of the action taken by the judge to eradicate the apparent prejudice. | {
"signal": "cf.",
"identifier": "66 P.3d 59, 64",
"parenthetical": "finding no abuse of discretion in allowing a prosecutor to use a PowerPoint that consisted of pictures provided in discovery and later admitted into evidence at trial and descriptive text echoing the prosecutor's oral statements in opening to wh... | {
"signal": "but cf.",
"identifier": "286 P.3d 673, 678",
"parenthetical": "reversing convictions based on the prosecutor's use of a PowerPoint in summation that included a \"mug shot\" of the defendant with accompanying text declaring him guilty on the ground that \"the misconduct was so flagrant and ill intenti... | 4,245,971 | a |
It is worth noting that a violation of M.G.L.A. 265 SS 19(b) exposes an offender to a potential life sentence. Also, the purpose of both the Massachusetts and Pennsylvania statutes is the same, to protect citizens from serious injury or the threat thereof and to deter violent conduct. | {
"signal": "see also",
"identifier": "831 A.2d 666, 666",
"parenthetical": "federal offense of armed bank robbery substantially equivalent to Pennsylvania's robbery statute where \"The conduct prohibited by both statutes, the resort to such force and intimidation to accomplish the individual's purpose of taking,... | {
"signal": "see",
"identifier": "856 A.2d 1278, 1278",
"parenthetical": "finding New York's and Pennsylvania's robbery statutes substantially equivalent where \"a review of the statutes reveals that both offenses prohibit the same conduct, i.e., employing intimidation through threat of bodily harm to facilitate ... | 7,276,095 | b |
Without busying myself here elaborating on the materiality of the purported testimony, it is sufficient to note that a military lawyer formerly assigned to represent Ross has averred that during his representation of Ross in military court-mar tial proceedings, apparently grounded in the same facts as the present indic... | {
"signal": "cf.",
"identifier": "693 F.2d 919, 924",
"parenthetical": "defendant must show proposed testimony \"sufficiently favorable\" to warrant Rule 15(a",
"sentence": "Cf. United States v. Taylor, 693 F.2d 919, 924 (9th Cir.1982) (defendant must show proposed testimony “sufficiently favorable” to warrant ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relevant, potentially exculpating testimony may be preserved by Rule 15(a",
"sentence": "United States v. Wilson, 601 F.2d 95 (3rd Cir.1979) (relevant, potentially exculpating testimony may be preserved by Rule 15(a) deposition)."
} | 7,855,536 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | {
"signal": "see",
"identifier": "456 U.S. 305, 314-15",
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "Se... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "see",
"identifier": "456 U.S. 305, 314-15",
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "Se... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | 3,826,611 | a |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | {
"signal": "see",
"identifier": "102 S.Ct. 1798, 1804",
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "Se... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | {
"signal": "see",
"identifier": "102 S.Ct. 1798, 1804",
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "Se... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "see",
"identifier": null,
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "See Weinberger v. Ro... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | 3,826,611 | a |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | {
"signal": "see",
"identifier": null,
"parenthetical": "court not required to issue injunction to stop technical violations of Federal Water Pollution Control Act where discharge of military ordnance not polluting waters and, therefore, not in tension with purpose of statute",
"sentence": "See Weinberger v. Ro... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | {
"signal": "see",
"identifier": "480 U.S. 531, 544",
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456 U.... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | {
"signal": "see",
"identifier": "480 U.S. 531, 544",
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456 U.... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | {
"signal": "see",
"identifier": "107 S.Ct. 1396, 1403",
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | {
"signal": "see",
"identifier": "107 S.Ct. 1396, 1403",
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456... | 3,826,611 | b |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "see",
"identifier": null,
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456 U.S. 305, 314-15,... | {
"signal": "but see",
"identifier": "437 U.S. 173, 173-74",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (cour... | 3,826,611 | a |
Though contracts for construction of the outfall tunnel had been entered by that time and construction had begun, the 1993 BA satisfied the spirit, if not the letter, of SS 7(c). To recommend that this Court terminate the outfall tunnel project simply for an alleged violation of procedure, despite no evidence of a like... | {
"signal": "but see",
"identifier": "98 S.Ct. 2291, 2291",
"parenthetical": "court required to issue injunction to prevent start-up of dam where dam would cause extinction of endangered species and violate letter and purpose of ESA",
"sentence": "But see TVA v. Hill, 437 U.S. at 173-74, 98 S.Ct. at 2291 (court... | {
"signal": "see",
"identifier": null,
"parenthetical": "criticizing court for giving too much weight to procedural violation of Alaska National Interest Lands Conservation Act and not enough to purpose of statute which had not been violated",
"sentence": "See Weinberger v. Romero-Barcelo, 456 U.S. 305, 314-15,... | 3,826,611 | b |
The record indicates that Doe's supervisor and the deciding official lost confidence in Doe's honesty and integrity, questioned his judgment and ability to perform his duties, and found Doe's misconduct serious because they believed it violated Ohio state law. Because it seems probable that Doe was disciplined at least... | {
"signal": "see also",
"identifier": null,
"parenthetical": "where there are several charges leading to a penalty, and not all the charges are sustained, it is necessary to consider what penalty would have been appropriate in light of the dropped charges",
"sentence": "See Hayes, 727 F.2d at 1539 (“it is not o... | {
"signal": "see",
"identifier": "727 F.2d 1539, 1539",
"parenthetical": "\"it is not our duty to find nexus but rather to decide ... whether the [MSPB] affirmance of the agency conclusion on the nexus issue meets the statutory criteria for our affirmance.\"",
"sentence": "See Hayes, 727 F.2d at 1539 (“it is no... | 3,642,306 | b |
(Id. at 36-51, Page ID # 14940-55.) Indeed, evidence at trial showed that all three contractors, to varying degrees, considered Dimora to be a Mend. Still, the evidence demonstrated that it was not Mendship alone that motivated the exchange of things of value for political favors. The testimony of Valentin, Randazzo, a... | {
"signal": "see",
"identifier": "417 U.S. 211, 226",
"parenthetical": "\"A single conspiracy may have several purposes, but if one of them -- -whether primary or secondary -- be the violation of a federal law, the conspiracy is unlawful under federal law.\"",
"sentence": "See Anderson v. United States, 417 U.S... | {
"signal": "see also",
"identifier": "4 F.3d 100, 113",
"parenthetical": "on bribery and extortion counts, jury charge stating that \"defendant accepted or solicited the thing of value, at least in part, for or because of his conduct or intending to be influenced in connection with any business or transaction of... | 3,869,836 | a |
(Id. at 36-51, Page ID # 14940-55.) Indeed, evidence at trial showed that all three contractors, to varying degrees, considered Dimora to be a Mend. Still, the evidence demonstrated that it was not Mendship alone that motivated the exchange of things of value for political favors. The testimony of Valentin, Randazzo, a... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A single conspiracy may have several purposes, but if one of them -- -whether primary or secondary -- be the violation of a federal law, the conspiracy is unlawful under federal law.\"",
"sentence": "See Anderson v. United States, 417 U.S. 211, 226, 94 ... | {
"signal": "see also",
"identifier": "4 F.3d 100, 113",
"parenthetical": "on bribery and extortion counts, jury charge stating that \"defendant accepted or solicited the thing of value, at least in part, for or because of his conduct or intending to be influenced in connection with any business or transaction of... | 3,869,836 | a |
(Id. at 36-51, Page ID # 14940-55.) Indeed, evidence at trial showed that all three contractors, to varying degrees, considered Dimora to be a Mend. Still, the evidence demonstrated that it was not Mendship alone that motivated the exchange of things of value for political favors. The testimony of Valentin, Randazzo, a... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A single conspiracy may have several purposes, but if one of them -- -whether primary or secondary -- be the violation of a federal law, the conspiracy is unlawful under federal law.\"",
"sentence": "See Anderson v. United States, 417 U.S. 211, 226, 94 ... | {
"signal": "see also",
"identifier": "4 F.3d 100, 113",
"parenthetical": "on bribery and extortion counts, jury charge stating that \"defendant accepted or solicited the thing of value, at least in part, for or because of his conduct or intending to be influenced in connection with any business or transaction of... | 3,869,836 | a |
(Id. at 36-51, Page ID # 14940-55.) Indeed, evidence at trial showed that all three contractors, to varying degrees, considered Dimora to be a Mend. Still, the evidence demonstrated that it was not Mendship alone that motivated the exchange of things of value for political favors. The testimony of Valentin, Randazzo, a... | {
"signal": "see also",
"identifier": "4 F.3d 100, 113",
"parenthetical": "on bribery and extortion counts, jury charge stating that \"defendant accepted or solicited the thing of value, at least in part, for or because of his conduct or intending to be influenced in connection with any business or transaction of... | {
"signal": "see",
"identifier": "149 F.3d 46, 71",
"parenthetical": "A defendant may be prosecuted for fraud if he has a dual intent, \"i.e., if he is found to have intended both a lawful and an unlawful purpose .to some degree.\"",
"sentence": "See Anderson v. United States, 417 U.S. 211, 226, 94 S.Ct. 2253, ... | 3,869,836 | b |
The agency did not abuse its discretion or violate Cortez's due process right to counsel in denying Cortez's request for a second continuance for failure to show good cause, or in granting the motion to withdraw, where he had more than a year to find representation after his prior counsel withdrew. | {
"signal": "see",
"identifier": "403 F.3d 1094, 1099-1100",
"parenthetical": "listing factors to be considered when deciding what constitutes a reasonable time to obtain counsel",
"sentence": "See Ahmed, 569 F.3d at 1012; Burnt v. Gonzales, 403 F.3d 1094, 1099-1100 (9th Cir. 2005) (listing factors to be consid... | {
"signal": "see also",
"identifier": "783 F.2d 1463, 1470",
"parenthetical": "failure to obtain counsel after two continuances over four months simply meant alien was \"unable to secure counsel at his own expense\"",
"sentence": "See Ahmed, 569 F.3d at 1012; Burnt v. Gonzales, 403 F.3d 1094, 1099-1100 (9th Cir... | 12,143,486 | a |
Section 161.001(1)(E) of the Family Code provides that parental rights may be terminated if the parent has "engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child." | {
"signal": "see",
"identifier": "727 S.W.2d 531, 533",
"parenthetical": "stating that although endangerment requires more than threat of metaphysical injury or possible ill effects of less-than-ideal family environment, it is not necessary that parent's conduct be directed at child or that child actually suffers... | {
"signal": "no signal",
"identifier": "283 S.W.3d 345, 345",
"parenthetical": "holding that father's history of domestic violence toward mother, admitted marijuana use, and previous incarceration on criminal charges that were later dismissed constituted legally sufficient evidence of endangerment",
"sentence":... | 7,091,012 | b |
As we just explained, by the time Agent Reynolds encountered Thompson, he clearly had reason to believe that Thompson was participating in a drug trafficking operation. Based on that belief, it was reasonable for Agent Reynolds to suspect that Thompson was armed because guns are known tools of the drug trade, as our ca... | {
"signal": "see",
"identifier": "722 F.3d 901, 909",
"parenthetical": "\"[I]t is widely known that guns and drugs go hand in hand.\"",
"sentence": "See, e.g., United States v. Gulley, 722 F.3d 901, 909 (7th Cir. 2013) (“[I]t is widely known that guns and drugs go hand in hand.”); see also United States v. Aske... | {
"signal": "see also",
"identifier": "403 F.3d 496, 507",
"parenthetical": "recognizing the \"inherent danger in stopping those suspected of drug trafficking, for which guns are known tools of the trade.\"",
"sentence": "See, e.g., United States v. Gulley, 722 F.3d 901, 909 (7th Cir. 2013) (“[I]t is widely kno... | 12,138,346 | a |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see",
"identifier": "533 U.S. 362, 362",
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that state officers may execute on tribal lands process related to off-reservation violations of state law",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [s... | 3,615,977 | a |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see",
"identifier": "533 U.S. 362, 362",
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests ... | {
"signal": "see also",
"identifier": "447 U.S. 134, 151",
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, ... | 3,615,977 | a |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see",
"identifier": "533 U.S. 362, 362",
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [sometim... | 3,615,977 | a |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [sometim... | {
"signal": "see",
"identifier": "533 U.S. 362, 362",
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests ... | 3,615,977 | b |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the res... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that state officers may execute on tribal lands process related to off-reservation violations of state law",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [s... | 3,615,977 | a |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see also",
"identifier": "447 U.S. 134, 151",
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the res... | 3,615,977 | b |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [sometim... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the res... | 3,615,977 | b |
. At oral argument, the Secretary indicated that although a tribe has civil regulatory jurisdiction over lands taken into trust, a state may seek to enforce its laws -- to the extent they are not preempted by federal law -- on trust lands either by agreement with the tribe or by seeking a determination in federal court... | {
"signal": "see also",
"identifier": null,
"parenthetical": "explaining that the state could require Indian tribes to collect taxes on sales of cigarettes to non-Indians",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the reservation are implicated, States [sometim... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"When ... state interests outside the reservation are implicated, States [sometimes] may regulate the activities even of tribe members on tribal land.\"",
"sentence": "See Hicks, 533 U.S. at 362, 121 S.Ct. 2304 (\"When ... state interests outside the res... | 3,615,977 | b |
A court may give an initial aggressor instruction if the evidence will support a reasonable inference that the defendant initiated the physical conflict by using or threatening the imminent use of unlawful physical foree. | {
"signal": "see",
"identifier": "78 P.3d 1108, 1113",
"parenthetical": "\"A defendant must initiate the physical conflict to be the initial aggressor.\"",
"sentence": "See People v. Roadcap, 78 P.3d 1108, 1113 (Colo.App.2003) (\"A defendant must initiate the physical conflict to be the initial aggressor.\"); c... | {
"signal": "cf.",
"identifier": "675 P.2d 9, 16",
"parenthetical": "\"The Colorado law of self-defense requires that there be some evidence showing that the victim, as the initial aggressor, used or threatened the imminent use of unlawful physical foree against the defendant.\"",
"sentence": "See People v. Roa... | 6,994,095 | a |
We find no error in the trial court's determination that Gaskin has not suffered prejudice from counsel's alleged deficient performance. As the trial court noted, because Dr. Krop testified at the eviden-tiary hearing that his diagnosis of Gaskin would have changed little if counsel had given him Gaskin's school record... | {
"signal": "see",
"identifier": "692 So.2d 874, 877",
"parenthetical": "holding that because the psychologists testified that their opinions would remain unchanged even considering the additional information, there was not a reasonable probability that the result of the penalty phase would have been different",
... | {
"signal": "see also",
"identifier": "755 So.2d 616, 636",
"parenthetical": "holding that trial counsel's performance was not deficient for failing to give a mental health expert additional information because the expert testified at the evidentiary hearing that the collateral data would not have changed his tes... | 11,458,802 | a |
This Court has often invalidated procedural practices which infringe on a defendant's right to be treated in a manner that comports with principles of fundamental fairness, even though no constitutional violation has occurred. | {
"signal": "see also",
"identifier": "106 N.J. 53, 53",
"parenthetical": "holding that failure to charge that jury must find aggravating factors outweigh mitigating factors beyond a reasonable doubt violates fundamental fairness and requires reversal of death sentence",
"sentence": "See also State v. Biegenwal... | {
"signal": "see",
"identifier": "78 N.J. 309, 313",
"parenthetical": "declining to hold that double jeopardy bars retrial of speeding offense but finding that retrial was barred by considerations of fundamental fairness",
"sentence": "See, e.g., State v. Czachor, supra, 82 N.J. at 402; State v. Tropea, 78 N.J.... | 1,379,619 | b |
This Court has often invalidated procedural practices which infringe on a defendant's right to be treated in a manner that comports with principles of fundamental fairness, even though no constitutional violation has occurred. | {
"signal": "see also",
"identifier": "106 N.J. 53, 53",
"parenthetical": "holding that failure to charge that jury must find aggravating factors outweigh mitigating factors beyond a reasonable doubt violates fundamental fairness and requires reversal of death sentence",
"sentence": "See also State v. Biegenwal... | {
"signal": "see",
"identifier": "66 N.J. 510, 519",
"parenthetical": "prohibiting multiple prosecution for acts arising out of same arrest under court's supervisory power to ensure fairness in the administration of justice, although rejecting constitutional attack",
"sentence": "See, e.g., State v. Czachor, su... | 1,379,619 | b |
This Court has often invalidated procedural practices which infringe on a defendant's right to be treated in a manner that comports with principles of fundamental fairness, even though no constitutional violation has occurred. | {
"signal": "see also",
"identifier": "106 N.J. 53, 53",
"parenthetical": "holding that failure to charge that jury must find aggravating factors outweigh mitigating factors beyond a reasonable doubt violates fundamental fairness and requires reversal of death sentence",
"sentence": "See also State v. Biegenwal... | {
"signal": "see",
"identifier": null,
"parenthetical": "as a matter of policy, not due process, defendant who appeals from conviction entered in municipal court and receives trial de novo in county court may not receive harsher sentence on retrial",
"sentence": "See, e.g., State v. Czachor, supra, 82 N.J. at 4... | 1,379,619 | b |
His eonclusory allegation without "specific, detailed facts" is not sufficient to demonstrate past persecution. Moreover, Yasmeen relied solely on Mirza's claims of persecution and did not provide any evidence that she had personally been harmed or detained in Pakistan; therefore, she cannot demonstrate past persecutio... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[TJhere are no derivative beneficiaries for an application for withholding of removal.\"",
"sentence": "See Arif v. Mukasey, 509 F.3d 677, 681 n.15 (5th Cir. 2007) (“[TJhere are no derivative beneficiaries for an application for withholding of removal.”... | {
"signal": "see also",
"identifier": "446 F.3d 595, 595",
"parenthetical": "stating that an applicant cannot base her fear of persecution solely on general conditions of violence and civil unrest",
"sentence": "See Arif v. Mukasey, 509 F.3d 677, 681 n.15 (5th Cir. 2007) (“[TJhere are no derivative beneficiarie... | 12,387,935 | a |
Under Federal Rule of Civil Procedure 71.1(h), determination of any scope of the project issue is the province of the judge, not the jury. | {
"signal": "see also",
"identifier": "605 F.2d 762, 809",
"parenthetical": "stating that the judge decides \"whether the evidence warrants application\" of the scope of the project rule and \"whether or not any change in value attributable to the project should be included or disregarded\"",
"sentence": "See R... | {
"signal": "see",
"identifier": "397 U.S. 19, 19-20",
"parenthetical": "\"[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the 'scope-of-the-project' issue as a preliminary matter.\"",
"sen... | 3,779,621 | b |
Under Federal Rule of Civil Procedure 71.1(h), determination of any scope of the project issue is the province of the judge, not the jury. | {
"signal": "see also",
"identifier": "605 F.2d 809, 809",
"parenthetical": "stating that the judge decides \"whether the evidence warrants application\" of the scope of the project rule and \"whether or not any change in value attributable to the project should be included or disregarded\"",
"sentence": "See R... | {
"signal": "see",
"identifier": "397 U.S. 19, 19-20",
"parenthetical": "\"[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the 'scope-of-the-project' issue as a preliminary matter.\"",
"sen... | 3,779,621 | b |
Under Federal Rule of Civil Procedure 71.1(h), determination of any scope of the project issue is the province of the judge, not the jury. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the 'scope-of-the-project' issue as a preliminary matter.\"",
"sentence": "See Rey... | {
"signal": "see also",
"identifier": "605 F.2d 762, 809",
"parenthetical": "stating that the judge decides \"whether the evidence warrants application\" of the scope of the project rule and \"whether or not any change in value attributable to the project should be included or disregarded\"",
"sentence": "See R... | 3,779,621 | a |
Under Federal Rule of Civil Procedure 71.1(h), determination of any scope of the project issue is the province of the judge, not the jury. | {
"signal": "see also",
"identifier": "605 F.2d 809, 809",
"parenthetical": "stating that the judge decides \"whether the evidence warrants application\" of the scope of the project rule and \"whether or not any change in value attributable to the project should be included or disregarded\"",
"sentence": "See R... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the 'scope-of-the-project' issue as a preliminary matter.\"",
"sentence": "See Rey... | 3,779,621 | b |
While we generally review eviden-tiary issues for abuse of discretion, there is an on-going dispute in this circuit concerning the proper standard of review of Rule 404(b) evidence. | {
"signal": "see",
"identifier": "667 F.3d 689, 703",
"parenthetical": "noting the \"longstanding intra-circuit conflict regarding the appropriate standard of review for evidentiary decisions under Rule 404(b",
"sentence": "See United States v. Clay, 667 F.3d 689, 703 (6th Cir.2012) (Kethledge, J., dissenting) ... | {
"signal": "see also",
"identifier": "554 Fed.Appx. 440, 449",
"parenthetical": "noting the \"disagreement in this circuit as to the standard of review for evidentiary questions under Federal Rule of Evidence 404(b",
"sentence": "See United States v. Clay, 667 F.3d 689, 703 (6th Cir.2012) (Kethledge, J., disse... | 4,011,613 | a |
"[SJubstantive due process ensures that [a state proceeding which results in a deprivation of property] is not arbitrary and capricious." Although the First Circuit routinely has rejected substantive due process claims in the zoning and land-use contexts, it has "left the door slightly ajar for federal relief in truly ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding \"vague\" complaints of \"a pattern of selective and excessive enforcement of municipal regulations\" were not conscience-shocking",
"sentence": "Nestor Colon Medina, 964 F.2d at 45; accord Licari, 22 F.3d at 350; Collier v. Town of Harvard, No. 9... | {
"signal": "see",
"identifier": "811 F.2d 43, 43",
"parenthetical": "noting \"even abridgments of state law [in the land-use context] committed in bad faith do not necessarily amount to constitutional deprivation of due process,\" but acknowledging that there could exist a \"type of egregious official behavior w... | 4,235,541 | b |
Specifical-' ly, Sewell contends that the statute did not apply because he did not possess the required mental state and he went to trial solely to preserve a legal challenge to the district court's pre-trial exclusion of evidence regarding his intoxication. Both of these arguments concern Sewell's denial of an essenti... | {
"signal": "see",
"identifier": "140 F.3d 367, 381",
"parenthetical": "upholding denial of Section 3E1.1 reduction based in part on defendant's defense that he lacked specific intent",
"sentence": "See United States v. Paredes-Batista, 140 F.3d 367, 381 (2d Cir.1998) (upholding denial of Section 3E1.1 reductio... | {
"signal": "but see",
"identifier": "173 F.3d 798, 806",
"parenthetical": "upholding application of Section 3E1.1 reduction where defendant \"contended that his drunkenness rendered him incapable of forming the requisite mens rea\" and thus essentially challenged the applicability of statute to his conduct",
"... | 11,088,070 | a |
Specifical-' ly, Sewell contends that the statute did not apply because he did not possess the required mental state and he went to trial solely to preserve a legal challenge to the district court's pre-trial exclusion of evidence regarding his intoxication. Both of these arguments concern Sewell's denial of an essenti... | {
"signal": "see",
"identifier": "140 F.3d 367, 381",
"parenthetical": "upholding denial of Section 3E1.1 reduction based in part on defendant's defense that he lacked specific intent",
"sentence": "See United States v. Paredes-Batista, 140 F.3d 367, 381 (2d Cir.1998) (upholding denial of Section 3E1.1 reductio... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding application of Section 3E1.1 reduction where defendant \"contended that his drunkenness rendered him incapable of forming the requisite mens rea\" and thus essentially challenged the applicability of statute to his conduct",
"sentence": "But... | 11,088,070 | a |
Specifical-' ly, Sewell contends that the statute did not apply because he did not possess the required mental state and he went to trial solely to preserve a legal challenge to the district court's pre-trial exclusion of evidence regarding his intoxication. Both of these arguments concern Sewell's denial of an essenti... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding application of Section 3E1.1 reduction where defendant \"contended that his drunkenness rendered him incapable of forming the requisite mens rea\" and thus essentially challenged the applicability of statute to his conduct",
"sentence": "But... | {
"signal": "see",
"identifier": "140 F.3d 367, 381",
"parenthetical": "upholding denial of Section 3E1.1 reduction based in part on defendant's defense that he lacked specific intent",
"sentence": "See United States v. Paredes-Batista, 140 F.3d 367, 381 (2d Cir.1998) (upholding denial of Section 3E1.1 reductio... | 11,088,070 | b |
Specifical-' ly, Sewell contends that the statute did not apply because he did not possess the required mental state and he went to trial solely to preserve a legal challenge to the district court's pre-trial exclusion of evidence regarding his intoxication. Both of these arguments concern Sewell's denial of an essenti... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding application of Section 3E1.1 reduction where defendant \"contended that his drunkenness rendered him incapable of forming the requisite mens rea\" and thus essentially challenged the applicability of statute to his conduct",
"sentence": "But... | {
"signal": "see",
"identifier": "140 F.3d 367, 381",
"parenthetical": "upholding denial of Section 3E1.1 reduction based in part on defendant's defense that he lacked specific intent",
"sentence": "See United States v. Paredes-Batista, 140 F.3d 367, 381 (2d Cir.1998) (upholding denial of Section 3E1.1 reductio... | 11,088,070 | b |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see also",
"identifier": "491 U.S. 58, 71",
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 3... | {
"signal": "see",
"identifier": "415 U.S. 651, 663",
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 ... | 4,205,007 | b |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | {
"signal": "see",
"identifier": "415 U.S. 651, 663",
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 ... | 4,205,007 | b |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see",
"identifier": "415 U.S. 651, 663",
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | 4,205,007 | a |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | {
"signal": "see also",
"identifier": "491 U.S. 58, 71",
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 3... | 4,205,007 | a |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | 4,205,007 | a |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | 4,205,007 | b |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see also",
"identifier": "491 U.S. 58, 71",
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 3... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | 4,205,007 | b |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | 4,205,007 | a |
(See Second Am. Compl. PP 12, 41.) Nevertheless, to the extent Plaintiffs may seek any such monetary damages against Defendants in their official capacities, the Court agrees that monetary damages are not recoverable. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.\"",
"sentence": "See, e.g., Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (19... | 4,205,007 | b |
This civil trademark infringement action involves issues that are far more banal than the subject matters of the criminal trials in which pretrial publicity has presented serious constitutional problems. And, as we have long held, pretrial publicity is less likely to threaten the fairness of trial in a large metropolit... | {
"signal": "see also",
"identifier": "561 U.S. 358, 382",
"parenthetical": "\"Given this large, diverse pool of potential jurors, the suggestion that 12 impartial individuals could not be empaneled is hard to sustain.\"",
"sentence": "See Hunt, 872 F.2d at 295 (concluding that although double murder trial “may... | {
"signal": "see",
"identifier": "872 F.2d 295, 295",
"parenthetical": "concluding that although double murder trial \"may involve lurid or inflammatory subject matter, San Mateo County is the type of populous, heterogeneous metropolitan area where prejudicial publicity is less likely to endanger the defendant's ... | 12,265,250 | b |
This civil trademark infringement action involves issues that are far more banal than the subject matters of the criminal trials in which pretrial publicity has presented serious constitutional problems. And, as we have long held, pretrial publicity is less likely to threaten the fairness of trial in a large metropolit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Given this large, diverse pool of potential jurors, the suggestion that 12 impartial individuals could not be empaneled is hard to sustain.\"",
"sentence": "See Hunt, 872 F.2d at 295 (concluding that although double murder trial “may involve lurid ... | {
"signal": "see",
"identifier": "872 F.2d 295, 295",
"parenthetical": "concluding that although double murder trial \"may involve lurid or inflammatory subject matter, San Mateo County is the type of populous, heterogeneous metropolitan area where prejudicial publicity is less likely to endanger the defendant's ... | 12,265,250 | b |
This civil trademark infringement action involves issues that are far more banal than the subject matters of the criminal trials in which pretrial publicity has presented serious constitutional problems. And, as we have long held, pretrial publicity is less likely to threaten the fairness of trial in a large metropolit... | {
"signal": "see",
"identifier": "872 F.2d 295, 295",
"parenthetical": "concluding that although double murder trial \"may involve lurid or inflammatory subject matter, San Mateo County is the type of populous, heterogeneous metropolitan area where prejudicial publicity is less likely to endanger the defendant's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Given this large, diverse pool of potential jurors, the suggestion that 12 impartial individuals could not be empaneled is hard to sustain.\"",
"sentence": "See Hunt, 872 F.2d at 295 (concluding that although double murder trial “may involve lurid ... | 12,265,250 | a |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "no signal",
"identifier": "477 U.S. 93, 93",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing consid... | {
"signal": "see also",
"identifier": "180 U.S. 311, 313",
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitua... | 36,444 | a |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "see also",
"identifier": "21 S.Ct. 389, 390",
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitua... | {
"signal": "no signal",
"identifier": "477 U.S. 93, 93",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing consid... | 36,444 | b |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitual offender stat... | {
"signal": "no signal",
"identifier": "477 U.S. 93, 93",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing consid... | 36,444 | b |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "see also",
"identifier": "180 U.S. 311, 313",
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitua... | {
"signal": "no signal",
"identifier": "106 S.Ct. 2420, 2420",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing c... | 36,444 | b |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "see also",
"identifier": "21 S.Ct. 389, 390",
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitua... | {
"signal": "no signal",
"identifier": "106 S.Ct. 2420, 2420",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing c... | 36,444 | b |
Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors. | {
"signal": "no signal",
"identifier": "106 S.Ct. 2420, 2420",
"parenthetical": "no right to jury trial on weapon possession which state treated as sentencing consideration",
"sentence": "McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing c... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no right to jury trial on habitual offender status which state treated as sentencing factor",
"sentence": "See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitual offender stat... | 36,444 | a |
In Hider I we rejected Hider's challenge to the unannounced entry into his studio, holding that there is no "knock and announce" requirement in Maine and "no prohibition against forcible entry if the circumstances warrant it." The court in Wilson held that the common law "knock and announce" principle forms a part of t... | {
"signal": "see",
"identifier": "625 A.2d 299, 300",
"parenthetical": "new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced",
"sentence": "See Thompson v. State, 625 A.2d 299, 300 (Me. 1993) (new constitutional rules of ... | {
"signal": "see also",
"identifier": "457 A.2d 798, 801",
"parenthetical": "modifications of search and seizure rules are applied to pending cases",
"sentence": "See Thompson v. State, 625 A.2d 299, 300 (Me. 1993) (new constitutional rules of criminal procedure will not be applicable to those cases which have ... | 11,709,027 | a |
The Second Circuit has interpreted Brown as precluding state law employment discrimination claims against other federal employers. | {
"signal": "no signal",
"identifier": "157 F.3d 101, 104-05",
"parenthetical": "Employee's claims under Human Rights Laws of State and City of New York barred because Title VII provided the sole remedy for federal employees asserting employment discrimination claims",
"sentence": "Rivera v. Heyman, 157 F.3d 10... | {
"signal": "see also",
"identifier": "708 F.Supp. 540, 544",
"parenthetical": "relying on Brown, court concluded that Title VII preempts all other statutory remedies for employment discrimination for federal employees and dismissed claims arising under various other federal and state statutes",
"sentence": "Ri... | 11,516,553 | a |
The Second Circuit has interpreted Brown as precluding state law employment discrimination claims against other federal employers. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "SS 1983 claim against a municipal government permitted to survive with observation that \"[i]t is equally clear that federal employees are restricted to Title VII when complaining of employment discrimination.\"",
"sentence": "Rivera v. Heyman, 157 ... | {
"signal": "see also",
"identifier": "708 F.Supp. 540, 544",
"parenthetical": "relying on Brown, court concluded that Title VII preempts all other statutory remedies for employment discrimination for federal employees and dismissed claims arising under various other federal and state statutes",
"sentence": "Ri... | 11,516,553 | a |
Thus providing for relief on this basis does not frustrate the preservation of error rule. In addition, this court is not willing or able to deny postconviction relief from ineffective counsel to avoid offending the preservation of error rule. | {
"signal": "see also",
"identifier": null,
"parenthetical": "remanding for an evidentiary hearing to determine whether counsel was ineffective for failing to preserve an issue for appeal",
"sentence": "See Strickland, 104 S.Ct. at 2063 (the sixth amendment right to effective assistance of counsel exists and is... | {
"signal": "see",
"identifier": "104 S.Ct. 2063, 2063",
"parenthetical": "the sixth amendment right to effective assistance of counsel exists and is needed to protect the fundamental right to a fair trial",
"sentence": "See Strickland, 104 S.Ct. at 2063 (the sixth amendment right to effective assistance of cou... | 7,507,560 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": "555 U.S. 223, 226, 238-39",
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 23... | {
"signal": "see",
"identifier": "533 U.S. 194, 236",
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have know... | 4,344,780 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "see",
"identifier": "533 U.S. 194, 236",
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have know... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | 4,344,780 | a |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | {
"signal": "see",
"identifier": "533 U.S. 194, 236",
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have know... | 4,344,780 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": "555 U.S. 223, 226, 238-39",
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 23... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | 4,344,780 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | 4,344,780 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | 4,344,780 | b |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | {
"signal": "but see",
"identifier": "555 U.S. 223, 226, 238-39",
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 23... | 4,344,780 | a |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | 4,344,780 | a |
Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity against Marshall's due process claims. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that the Saucier test is not mandatory, particularly at the pleading stage, where facts must first be developed to determine whether a constitutional right was violate",
"sentence": "See Saucier v. Katz, 533 U.S. 194, 236, 121 S.Ct. 2151, 150 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was \"clearly established\" under then-existing law such that a reasonable official would have known that his beha... | 4,344,780 | b |
The protected statement was made eleven months before the first lockout and the initiation of the Internal Affairs investigations. Although an inference from temporal proximity would have been stronger had the gap in time been smaller, an eleven-month gap in time is within the range that has been found to support an in... | {
"signal": "but see",
"identifier": "265 F.3d 752, 752",
"parenthetical": "finding that, where there was a two-year gap between protected speech and an adverse action, the proximity in time did not in itself give rise to an inference of retaliation",
"sentence": "But see Keyser, 265 F.3d at 752 (finding that, ... | {
"signal": "see also",
"identifier": "58 F.3d 1554, 1566",
"parenthetical": "noting that undue focus on timing distorts the sufficiency of evidence analysis, which is a \"fact-bound, common-sense inquiry\"",
"sentence": "See id. at 1212(finding retaliation where an employer terminated an employee three years a... | 9,513,624 | b |
[See AR 115-116, 142], Plaintiffs uncontroverted testimony was that he either obtained those jobs with the assistance of relatives or actually worked for relatives. Thus, the record as a whole does not support defendant's contention that plaintiffs work history is materially inconsistent with an IQ signifying mild ment... | {
"signal": "cf.",
"identifier": "970 F.2d 1185, 1185",
"parenthetical": "holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year, the claimant's ability \"to maintain a job for most of his adult life\" called his mental retardation into doubt",
"... | {
"signal": "see",
"identifier": "498 F.3d 794, 794",
"parenthetical": "holding that the claimant's intermittent work history as a tree trimmer supported his IQ",
"sentence": "See Christner, 498 F.3d at 794 (holding that the claimant’s intermittent work history as a tree trimmer supported his IQ); Bailey v. Apf... | 4,023,836 | b |
[See AR 115-116, 142], Plaintiffs uncontroverted testimony was that he either obtained those jobs with the assistance of relatives or actually worked for relatives. Thus, the record as a whole does not support defendant's contention that plaintiffs work history is materially inconsistent with an IQ signifying mild ment... | {
"signal": "see",
"identifier": "230 F.3d 1063, 1065",
"parenthetical": "holding that the ALJ erred in rejecting the IQ of a claimant whose \"work history was limited primarily to working for his father\"",
"sentence": "See Christner, 498 F.3d at 794 (holding that the claimant’s intermittent work history as a ... | {
"signal": "cf.",
"identifier": "970 F.2d 1185, 1185",
"parenthetical": "holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year, the claimant's ability \"to maintain a job for most of his adult life\" called his mental retardation into doubt",
"... | 4,023,836 | a |
[See AR 115-116, 142], Plaintiffs uncontroverted testimony was that he either obtained those jobs with the assistance of relatives or actually worked for relatives. Thus, the record as a whole does not support defendant's contention that plaintiffs work history is materially inconsistent with an IQ signifying mild ment... | {
"signal": "see",
"identifier": "948 F.2d 270, 270",
"parenthetical": "holding that the claimant's ability to log mileage, hours worked, and the places he drove in his job as a truck driver were not inconsistent with a valid IQ of 68",
"sentence": "See Christner, 498 F.3d at 794 (holding that the claimant’s in... | {
"signal": "cf.",
"identifier": "970 F.2d 1185, 1185",
"parenthetical": "holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year, the claimant's ability \"to maintain a job for most of his adult life\" called his mental retardation into doubt",
"... | 4,023,836 | a |
The Court's affirmance of the bankruptcy court's orders has been appealed. Accordingly, the Court will not reconsider the issue regarding Appellant's rights, if any, to a portion of the $2 million, as this issue was previously raised by Appellant, considered and ruled upon by the Court, and is currently under review. | {
"signal": "see",
"identifier": "575 F.2d 553, 554-55",
"parenthetical": "noting that a decision of a legal issue or issues by an appellate court establishes the law of the case and must be followed in all subsequent proceedings in the same case, in the trial court, or on a later appeal in the appellate court",
... | {
"signal": "see also",
"identifier": "87 F.3d 1389, 1393",
"parenthetical": "when there are multiple appeals taken in the course of a single piece of litigation, law of the case doctrine holds that decisions rendered on the first appeal should not be revisited on subsequent trips to the appellate court",
"sent... | 5,454,725 | a |
Detective McGrew concluded, based on his experience, that this activity fit the modus operandi of a child molester and it was likely that Flake would also possess child pornography in his home. | {
"signal": "see also",
"identifier": "231 F.3d 630, 635",
"parenthetical": "\"[i]t is well established that a location can be searched for evidence of a crime even if there is no probable cause to arrest the person at that location.\"",
"sentence": "See also United States v. Hay, 231 F.3d 630, 635 (9th Cir.200... | {
"signal": "see",
"identifier": "923 F.2d 1338, 1345",
"parenthetical": "\"if the government presents expert opinion about the behavior of a particular class of persons, for the opinion to have any relevance, the affidavit must lay a foundation which shows that the person subject to the search is a member of the... | 431,663 | b |
Detective McGrew concluded, based on his experience, that this activity fit the modus operandi of a child molester and it was likely that Flake would also possess child pornography in his home. | {
"signal": "see",
"identifier": "58 F.3d 1414, 1418",
"parenthetical": "\"[Wjhen interpreting seemingly innocent conduct, the court issuing the warrant is entitled to rely on the training and experience of police officers.\"",
"sentence": "See United States v. Weber, 923 F.2d 1338, 1345 (9th Cir.1991) (“if the... | {
"signal": "see also",
"identifier": "231 F.3d 630, 635",
"parenthetical": "\"[i]t is well established that a location can be searched for evidence of a crime even if there is no probable cause to arrest the person at that location.\"",
"sentence": "See also United States v. Hay, 231 F.3d 630, 635 (9th Cir.200... | 431,663 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see",
"identifier": "77 Ariz. 99, 99",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 66... | {
"signal": "see also",
"identifier": "203 Ariz. 214, 214, ¶ 38",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at... | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see",
"identifier": "77 Ariz. 99, 99",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 66... | {
"signal": "see also",
"identifier": "52 P.3d 783, 783",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (on... | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see",
"identifier": "77 Ariz. 99, 99",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 66... | {
"signal": "see also",
"identifier": "119 Ariz. 302, 302",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpo... | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "580 P.2d 763, 763",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpos... | {
"signal": "see",
"identifier": "77 Ariz. 99, 99",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 66... | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "203 Ariz. 214, 214, ¶ 38",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at... | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at ... | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "52 P.3d 783, 783",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (on... | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at ... | 5,545,453 | b |
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