Sentences with phrase «circuit ruling in the case»

Eugene Volokh reports on a recent Ninth Circuit ruling in the case of Williams v. Cavazos in which a juror, who was reluctant to convict, was dismissed in the middle of deliberations: Dismissing a Holdout Juror in the Middle of Deliberations Because «His Mind Is Bent... Against the Prosecution»

Not exact matches

Separately on Tuesday, a judge for the U.S. Federal Court of Appeals for the Fourth Circuit, ruled narrowly in favor of the subsidies in a case called David King.
In a recent court case, the 9th Circuit Court of Appeals ruled that the Department of Justice is prohibited from using federal funds to prosecute businesses who operate within state laws regarding medical marijuana.
Last week, AARP filed an appeal of the Fifth Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the case in front of the full panel of judges — known as an en banc review.
«The Movants have had ample opportunity to intervene in the multiple cases challenging the so - called «Fiduciary Rule» in district courts around the country, in appeals in two other circuits courts, and in this appeal, which was decided by this Court more than a month ago,» the filing said.
By the time the case got before the First Circuit, the SEC was in default by over a year even though it had gotten two 270 day periods to complete the rule.
On April 22, 1968, the U.S. Supreme Court handed down a ruling in the case of Interstate Circuit v. Dallas, which revolved around the film Viva Maria.
The court's ruling was a backhanded decision that favored the theater circuit but added that if the city were to improve its system, such cases might be decided in its favor in the future.
The Court of Appeals for this Circuit in the Gaidry case took note of these two cases, but held them not reconcilable with the later ruling of the United States Supreme Court in Baglin v. Cusenier, 221 U. S. 680 [1 T. M. Rep. 147], wherein it was held that the fact that the primary meaning of the word «Chartreuse» was geographical did not prevent the acquisition of the exclusive right to its use as the designation of a liqueur made by the monks of the Monastery of La Grande Chartreuse.
In one of the first cases to test this law, the 11th Circuit Court has ruled that breastfeeding mothers do not get to dictate where this pumping room is located.
The Padilla case in 2005 did give rise to a precedent in the United States Court of Appeals for the 4th Circuit that supports the practice, although a subsequent ruling in the Al - Marri case arguably muddied the waters.
The Second Circuit ruled in Silver's case three weeks ago.
Schneiderman and 17 other state attorneys general on Aug. 2 won the right to intervene in the case in a ruling by the D.C. Circuit of the U.S. Court of Appeals.
After the 2nd Circuit ruled last week, the three - judge panel hearing the appeal in the Skelos case asked lawyers to submit additional legal arguments in light of the Silver decision.
The decision from the Second Circuit Court of Appeals was sparked by the U.S. Supreme Court's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangements.
Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.
The Second Circuit court did not rule in Smith's case, nor in that of convicted ex-Queens Republican Vice-Chair Vincent Tabone, who also argued an appeal before the panel Thursday.
The 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.
Topics in the Q&A included the source of money for the City's planned pre-K advertising campaign, the City's target number of pre-K applicants, whether Speaker Silver thinks the proposed income tax surcharge should be pursued next year, how the pre-K selection process will work, how the City will cover the approximately $ 40 million annual gap between the estimated cost of pre-K and the amount provided in the state budget, when parents will learn whether their pre-K application has been accepted, how the City will collect data and measure success of the pre-K program, whether the existing pre-K application process will be changed, how the City will use money from the anticipated school bond issue, the mayor's reaction to a 2nd Circuit ruling that City may bar religious groups from renting after - hours space in public schools, the status on a proposed restaurant in Union Square, a tax break included in the state budget that provides millions of dollars to a Bronx condominium project, the «shop & frisk» meeting today between the Rev. Al Sharpton and Police Commissioner Bratton and a pending HPD case against a Brooklyn landlord.
The U.S. Court of Appeals for the District of Columbia Circuit, the second most powerful court in the country behind the Supreme Court, heard two cases challenging the Environmental Protection Agency's first rules to crack down on mercury from the country's fleet of electric generating units.
But that court, the U.S. Court of Appeals for the D.C. Circuit, in a 2 - 1 decision in April overturned the preliminary injunction, allowing research to continue until Lamberth ruled on the merits of the underlying case.
The 7th Circuit upheld a trial judge's ruling dismissing the case, holding that the federal Communications Decency Act doesn't permit people to «sue the messenger just because the message reveals a third party's plan to engage in unlawful discrimination».
Brett Myers, a Dallas lawyer representing Machete Productions, told Watchdog.org that the production company is considering whether to take their case to the U.S. Supreme Court after the Fifth Circuit Court of Appeals in New Orleans ruled against them in December.
In its decision, the U.S. Court of Appeals for the Second Circuit parted ways with the rulings of two other federal appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983In its decision, the U.S. Court of Appeals for the Second Circuit parted ways with the rulings of two other federal appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983.)
While the school district contended that the language of IDEA demanded attendance at a public school first, the Second Circuit had already ruled in a prior case that this was an incorrect reading of the law, and could unreasonably require parents either to place children in an inadequate program or shoulder the financial burden of a private education, a result it called «absurd.»
In a terse, one - page order, the justices ruled 7 to 0 that any appeal in the school - finance case would had to have been filed by July 21, 1993, four months after Montgomery County Circuit Court Judge Eugene W. Reese issued the controversial rulinIn a terse, one - page order, the justices ruled 7 to 0 that any appeal in the school - finance case would had to have been filed by July 21, 1993, four months after Montgomery County Circuit Court Judge Eugene W. Reese issued the controversial rulinin the school - finance case would had to have been filed by July 21, 1993, four months after Montgomery County Circuit Court Judge Eugene W. Reese issued the controversial ruling.
In March of this year, shortly after the Peter Jennings Project conference, the Third Circuit Court of Appeals agreed, ruling that prosecution of the Tunkhannock teens was «in retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the case before it begaIn March of this year, shortly after the Peter Jennings Project conference, the Third Circuit Court of Appeals agreed, ruling that prosecution of the Tunkhannock teens was «in retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the case before it begain retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the case before it began.
On Nov. 13, State Circuit Court Judge James Giddings of Ingham County granted the state's request to dismiss the lawsuit by four church schools on the grounds that a 1986 ruling in another case had already decided the issue.
In a case of great interest to districts statewide, the Glendale Unified High District had asked the justices to reverse a ruling by the U.S. Court of Appeals for the 9th Circuit holding that Arizona's...
A county circuit court agreed in December to reopen the 1975 case that Judge Arthur Recht finally decided in 1982, ruling the state school system unconstitutional.
The Third Circuit, in a case from Pennsylvania, ruled that officials violated the rights of a high school senior in suspending him for creating an internet parody of his principal on the social networking site MySpace (Layshock v. Hermitage School District, 2010).
Last year, he dissented from a circuit panel ruling in A.M. v. Holmes, a case where a New Mexico seventh - grader was handcuffed for disrupting class, as Education Week reported.
These amicus briefs — one filed in the U. S. Supreme Court in two California cases, the other in the U.S. Court of Appeals for the Sixth Circuit dealing with a Kentucky case — ask the courts to reconsider rulings that misinterpret the main federal special education law, the Individuals with Disabilities Education Act (IDEA).
com: 5th Circuit rules against feds in school voucher case, website reports http://bit.ly/1ljYZlk
We have high hopes that the Fifth Circuit will rule, like the NLRB did in the Texas case, in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth Circuit.
We hope the decision from the NLRB in the Universal Academy case will persuade the Court to rule in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth Circuit.
«The Sixth Circuit ruling will discourage reporters from notifying child protective services or law enforcement agencies except in the most obvious cases of abuse,» said Francisco M. Negrόn, Jr., NSBA Associate Executive Director and General Counsel.
Seven years earlier, the ninth Circuit Court of Appeals similarly ruled, in the Mendez vs. Westminster case, that Mexican American children could not be denied a quality education because they were Mexican American.
In a 6 - 2 decision today in Schuette v. Coalition to Defend Affirmative Action (companion case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth Circuit Court of Appeal's ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universitieIn a 6 - 2 decision today in Schuette v. Coalition to Defend Affirmative Action (companion case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth Circuit Court of Appeal's ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universitiein Schuette v. Coalition to Defend Affirmative Action (companion case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth Circuit Court of Appeal's ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universities.
The Second Circuit overruled this line of cases Wornick v. Gaffney 554 F3d 486, decision 9/24/08, and ruled that the cash value of reciprocal life insurance policies in joint cases are exempt.
The Ninth Circuit Court of Appeals recently ruled in favor of a debtor, who sought discharge of his student loan debt in a decade - old bankruptcy case.
In 20120, the Circuit Court in Miami Dade ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due procesIn 20120, the Circuit Court in Miami Dade ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due procesin Miami Dade ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due procesin the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due process.
In that case, the Supreme Court will be considering the controversial decision of the Second Circuit Court of Appeals, which ruled that the Alien Tort Statute (which allows lawsuits in U.S. courts for violations of international law) does not create a legal basis for such suits against corporationIn that case, the Supreme Court will be considering the controversial decision of the Second Circuit Court of Appeals, which ruled that the Alien Tort Statute (which allows lawsuits in U.S. courts for violations of international law) does not create a legal basis for such suits against corporationin U.S. courts for violations of international law) does not create a legal basis for such suits against corporations.
On the same day the Center filed comments against the proposed standards, the Ninth Circuit Court of Appeals denied an administration request to revisit the court's November 2007 ruling in our case against the Department of Transportation, once again affirming that fuel economy standards must be set at the maximum feasible level to save oil, reduce greenhouse gas pollution and protect consumers.
Howard Bashman over at How Appealing picked up on an 8th Circuit case decided yesterday, ruling in favor of seven people who had been arrested in Minneapolis for protesting «consumerism» by dressing up like zombies and plodding around during the 2006 Aquatennial.
In «9th Circuit rules in Winnie - the - Pooh case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest in the Pooh franchise...&raquIn «9th Circuit rules in Winnie - the - Pooh case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest in the Pooh franchise...&raquin Winnie - the - Pooh case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest in the Pooh franchise...&raquin the Pooh franchise...»
You draw a panel with two circuit judges on opposite ends of the ideological spectrum, with no idea how the district judge might rule, and in any event your case might get en banc granted.
The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh CCircuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Ccircuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh CircuitCircuit.
U.S. Chamber urges Ninth Circuit to grant Rule 23 (f) review of class certification order in Illinois Biometric Privacy Act case
The presentation updated roughly 200 attendees on developments in bankruptcy case law, rules, and practice in Rhode Island and throughout the First Circuit during the last year.
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