MLCommons/peoples_speech_v1.0 huggingface dataset:
michigan versus house i was always surprised by the outcome of that case i figured if mr howe's wasn't in custody be pretty hard to be in custody and when you look at the i mean there was nothing unusual about this car but they saw the car and they saw miss out in the car i mean it seems to me that the the knowledge that everybody has about the residents here is makes it a special circumstance renay knew who this car they knew this car they knew who this person was they had seen her on the video and they told her to come to the police station  and she knew she couldn't run and hide apparently because she was it seems contrary to your argument here would that do to our precedent that says he district courts discussion at the very instant does not necessarily fit light on what would be done the departure stage and the need to consider all the thirty five fifty three back is frustrated with a sense the court feels to express
now so you may see which is normally a misdemeanor with which you would have been  including this case and it never is you area it was unauthorized and that's why after bradford no shoplifting case with fact like this can be charged and found  there's no council wants to believe that burglary is now burglary in a retail establishment just based upon where you go in ten doesn't matter i disagree with that remain there why do you have the authorit i think of it probably came from you know certainly pressure from retail to do something about the fact that people would walk into you
raised here so far is a star at the grey when a determined distribution of two hundred forty thousand dollars in cash and in kind jewelry insecurities was not unreasonably withheld by the administrator and denied interest on each had we had a couple of hearings where we have the reports of proceedings as far as witness testimony where the judge had to make a credibility determination the bulk of the hearings were argument minimal should be reversed manage this way and that's we see in my brief i even talk about the entire record and compare case law to show that even if you just look at this record there is nothing to support position of interest is independent of real property the interest is in paris only on personal property of the estate so i mean even if there were complications or issues surrounding that house that is in effect the issue of interest and there's no facts on the record that nothing in the record that suggests that any issue around the house justified or anything to our forty thousand dollars that would be needed for anything related to the house th thirteen with the family settlement agreement so even with confusion caused by benefit beneficiaries and even if we want to say that confusion was a result until the sat agreement the amended family settlement agreement and twenty four team both of was and we have it eighty year old there who has a limited lifespan who actually ages her ability to use and enjoy the money terminated and still after two many happy years of independent ministration this entire state should have been handled and independent ministration my client agreed to end up in an administration because of the assurance that independent uncounted representatives versus the compensated representative and the law does not like recently passed the elder abuse and to protect elderly individuals are not being able to access money that the other of your stance you raise a reply brief that has no bearing on this case where i intend to do my argument is to look at the first the statutory interest penalty and address the standard of review than the facts finding of good cause they said a probate court could reasonably find on the record that there were differences establishing good cause for not distributing the estate earlier and they said the final is not think contrary to the well in in this case that was done at the time there was a sale and title was done at the time of the sale so there was the reliance upon the ministry or as to the the  filing from a guardian stating that the ownership of the house was with the with the disease and it was it in that person's name it was not till the sale comes discretion of the trial or who are to go ahead and not or to find good cause if not the sas the ten percent interest penalty and to assess all a three thousand five hundred dollars of petitioner that could have been distributed within two years regarding the house the house sold in the summer of twenty fifteen it's all for a hundred and seven thousand five hundred dollars and that money was distributed into an account for the benefit of the administrator and her
you see the man motion so at the second stage of post conviction proceedings if you're counting and you've raised a single argument here which is whether the defendant received reasonable systems in those proceedings from post conviction attorneys shaping of claims in a post conviction proceeding to twist the argument here is that it's covered by the decisions of the supreme court in the home and this court's two thousand and sixteen opinion roasting since the attorney who was providing representation in the trial court was retained as opposed to an appointed attorney now i want to start by trying to clear away some of the legal clutter that's been created counsel was not really removing a claim that sued them or could have been presented on direct appeal it was a claim ineffective assistance of the trial also that was not supported by matters that were entirely directed at was the result was the post conviction allegations supported and one specific allegation was there there was no expert testimony would have been we we made a reasonable doubt argument based on that commonsense that analysis of how in the world could this guy have fired the gun a man from the gun over and made fire from another location away but this argument on postcondition has to do with you know you call an unknown person who has some physics expertise that's that that would not be appropriate to raise and enough support for the claim in the direct appeal you hear one thing this is essentially the same as as this court's parker decision which the state and i have fought over which is that if it's not the valid it has to wait and answer i'm not sure what the question is so there was an awareness perhaps through people outside of the courthouse that's correct was whether or not council resolutions reason and when i said it that is the goal however if one actually defended her first post mission council should have done would not change the result that was reached based on what tho are there is a possibility i'm not going to say anything is impossible because i found out why this things are possible no matter how improbable he might be there's always  behind the sickening records this isn't any having a hard running rule of insisting on reasonable representation by post conviction counsel so that we can't have a problem with the adequacy of the first
also they have trained childcare providers so it's actually the number of people i wish i could give me with after a figure but it was the people that have been way cool superpower one hundred years old and me president one of the president and his wife to make this possible
sometimes you just don't want to be alone and you want to be with people and you know sometimes it's ponza to come down here to this teaching for one class so let's go
earlier the argument three thirty three
under the performance bond but also paid off the sub contract so my heart goes out i believe the seven hundred thousand dollars is a result well you didn't necessarily answer my question which was was there or maybe i should recruited in a more narrow choose a tory way which is why is there an indefinite indemnification agreement between your client mr cameron not whether or not somebody took something over so it under the bonds so they were alternately liable if canning didn't complete the project so emily what i'm trying to get to is what's the pretty what's the relationship here that  would give some rationale or some reason for your client to be involved in assuring the to determine that for some reason based on equity and fairness we are asked to determine that a judgment creditor we're supposed to determine the relationship between the parties to determine if there is some revision or whether your client is without paul without knowledge we don't notice it becomes we're at least a mix question of fact from on the trial court came to determine grant by allowing the transfer to the judgment creditors when these funds were when the federal government submitted the affidavit to the circuit court there was no longer substantial dispute as to the ownership of those bonds and the government if indeed that very clearly sets out that relationship between all of the parties  party that was in primitive contract with the federal government the only party that to get paid the only party that was entitled to funds can and was now been terminated off the job because it did it may sting him down they certainly maybe even position where they cannot contractor unfortunately our team came into play u
the court held that american pie tolly did not apply to a new candidate for class representative and such candidate could not come upon the scene after the such a limitations  you have to mix at the outset and otherwise you're not going to be permitted to use a course term and so the friday and it makes no difference therefore perl the course russia allow whether it's a success of case or legal issue about which there is a compelling need for immediate resolution as to the china agra tech argument china agger tech has nothing to do with the situation because as pace impact issue that the defendants have placed judged against factual finding that the defendants failed to prove a lack of pace impact is unremarkable in this garden variety securities case not clearly erroneous much less a legal issue for which there is a compelling need for immediate resolution now i'd like to address a few of the specific issues that counsel raised about st china agra  tack now the time barred argument does not raise a compelling need for immediate resolution in fact this court rejected a twenty three f petition based on the china  limitations period this petition is from an order certifying timely claims and that timely action as we all know complex litigation can last a long time and the long life span of a timely claim does not cause its a lap stan found below china agger tech was about a stand alone success of class action not the rearrangement of the seating chart within a single ongoing action as is the case here and was in the case of the analysis as we do here that it was a successive class action not an ongoing one similarly the dentist case is this thing which of all because in that case the court had already dismissed the claims for personal jurisdiction lack of personal interest section in that case a plaintiff came forward a different plane of came forward with a different agreement that provided for personal jurisdiction and the court found it didn't relate back in this case we did not file an amended complaint it was a renewed motion for class certification it did not did not attempt to bring a new claim that said if judge stanton had required this class represented by a lot of new claim it would have related back under rule fifteen and that is the important distinction china after tech recognize that the federal rules provide a range of mechanisms for managing an existing class action for example china agra tech and other cases have referred to rule twenty three dollars wives case management discretion and rule twenty three dollars allows score a point a court to order  now on pace impact setting aside the timing of the petition the district courts should in a factual finding rejecting the defendant's basic rebuttal bit it is neither clearly not running yes it let alone a compelling legal issue requiring immediate resolution a district court follow the process set forth in the goldman cases and price impact was thoroughly briefed and dissected by experts the courts conclusion is unremarkable in this garden variety securities case where the thank you thank you both and we will reserve decision will proceed to the dade c
that my description of the testimony shortly before and it's a little bit on the clear at one point in the testimony it indicates that he was by this do or that primarily the information known to the police in this case was of in anonymous nature and when police are there on the basis of the evidence is unclear as to whether a weapon was actually shot or nach up is relevant to this question of whether there was it is likely to occur so yes the nature of the conduct i mean assuming everything else is equal meaning that there is include the commission of a criminal act and it is presumably could be that the police had more information but what  seem there wasn't enough to make it to restock earth correct so all but as we also know the police as i recall can approach somebody in the public place and talk to them and that meeting grounds for terrorist up we agree on that we agree and then he doesn't have to different bets they got to call the fire and then when they come up in a woman walking a walk from fine but when they come upon this woman i think it was such a night of being with somebody else there was no sweat no which i know a little bit about that case ship versus this case i i just think that we're talking about two different cases it was really no reason bar two can pull suspicion and shit well i mean with reference to an i the premises they told him it is mackinac to go into the premises and leave the outside i mean they told him they act twice and the testimony is that in the course of telling him they ask they i believe your honor said all hit on the head is that we have any
can so we know that the court is not required to go through each factor and say this is what i find with respect to that factor ranked that's correct and you know we have a statement from the port specifically but your client's been a lot of time saying you know this was just not my character i was something happen to me and you isn't it fair that the trial court would feel somewhat obligated to address that given your client put so much but there was a significant difference between the experts in their levels of expertise and their prior backgrounds that when you say would be fair that the court you know might be read toward one and not the other because of bad i
explain is the play potion our number seven fried duck and then roger gale injured a finger on a sports bar of what is called a spike birch placing an i v in for support i would take the members of the court magically down to the mighty mississippi river i would tell you that we are going to be on the basic looking out of the river what you are going to see there are a lot of rich on shore facilities facilities that are probably triple the size of this building or the way they do that is that there was an office post my client works in a floating birch and they have faxes and phones and everything else that you haven't a typical office and in my lofts they have the same sort of stuff obviously the utilities are coming off of the compensation act i would characterize all three of them as one short persons injured performing traditional maritime passed over navigable water i would indicate they are short my opponent will agree if i were if it's in the professional statements that take i assure you i manage the claims we pay state benefits for any of the washer people on dirt or on oil and who are injured they get both the federal benefit whatever federal law applies and whatever the st has not its own power that's very requires a toad to be moved that's correct and it is floating in the water and it is only secured by some kind of a morning peoples that's right to the point  pillars and cables the barges never move except for going up and down the chain to the rivers water level there's a ramp leading from the shoreline to the plant or arch which is large practice they are practically people that those are considered to be extensions of land and not subject to average admiralty and maritime jurisdiction now of course in one nine hundred twenty seven  the case law supported it is a turn a determination that dry gas and use floating work platforms are considered extensions of land particularly when they have some permanent connection to the  arbitrators determination that that these dry docks and plant barges are considered extensions of land the the trial court took it further and analyzed the situation in terms of the twilight zone theory of recovery and determined that because there is such diversity of legal opinion out there that i would term a dry dock or of working maritime transport in any meaningful sense if it is been prominently more or otherwise rendered practically incapable of transportation or movement s
that's what i'm trying to figure out you need to show that it was clear the instruction was for on very minor i think at number one with respect to saying and i think this is where the courts have t brick wall struction there's nothing in the record and frankly that can't be there is nothing underlying suggestion the defendant actually proposed his will and structure and that the district court refused to give this a separate from the  and that the defendant in this case was severely prejudiced in that context ok
in the rule in his brief and doesn't make any argument about what could have been added that would entitle him to move forward to a third stage hearing failure to technically include ninety in the pleading it has no back in the court no it that that in this order said basically that if the
pen to say nothing of a silk lined tomato cap and i am returning all your junk by right yours without respect get that right out let me see it and type it in red ink yes that your shipment received but owing to breakage is not satisfactory and returning invoice of goods received would suggest in the future that more care in packing would ensure less loss on route he was  looking better my necktie and my should i thought you were home saddam's arms and on i've got so much to talk about with you glad to see glad to see you my teams are just a week or so every now and then between your college courses that's about the only chance i married i have never heard anything like that in my life not a young wife certainly not ideal boy every man before he thinks of getting married should wait wait until he cuts his wisdom to every man should wait and think it over very very carefully but be back by that but with this idea of marriage in your head well i've been thinking about stop thinking about it that's the whole trouble with marriage nowadays too much thought to what you just said don't tell me what i said i know what i said i'm doing the talking you're altogether too young to be moderates on your side i want you to finish college and i want you to take a trip take a long trip as long as you like go to china i don't care when you come home stay as long as you like and see everything before you come back and settle down in an office for the five dollars are nineteen and i am wonderful that's a very pretty speech but i'm much older than that and besides tommy you have your college course to think what college compared to love and romance i may be young grace but i have seen life i sing with a poet one moment let my life blood stream from boyhood found a and if you really must know it tommy my heart belongs to another another all my cup is better cruelties of life would pass you b well perhaps you're right great friendship is a sweet bond and i do i'm pretty young and i want to finish college because after i finish college maybe then we can be married she told me that that was her brother you did i thought she was far too interested in a brother good looking in the yass yes if you like that sort of a face yes about about twenty five thirty eight thirty five forty forty five fifty i don't know i don't know i don't judge a man they just well i don't know i don't know that listen do you think that women i don't think anything about women i don't know what i think about them nobody knows anything about them and i don't let that anybody else when you get out of jail you'll ruin my day completely then ask miss wilson to come right in take a letter brown and jones akron ohio so kindly sent three of your metal filing cabinets number six nine two at the price quoted in your letter of november thirteenth freshwater college missouri kindly reserve room and dormitory for the turn of my son thomas has seen that perhaps he does care for me just a little he does yes he does he does and that's nice why it's five o'clock is it that oh well practically
i mean all my family and i asked my family members what family meant to them so yeah let's roll that clip enjoy the show if i had to use only one word to  can do it if i have to describe this family in one word probably would be caring we have a lot of fun together we listen to music this family has a good sense of humor we law now let's focus a little bit on mommy i'm a freshman par senior high school in my free time i like tango of friends and disport here feel my friends with these people i do some of the craziest things have known most of them for about two to three years but jonathan a matthew i've known him since the start of preschool jonathan no matter how both tom a lot of things and i'm thankful that i have the most friends right now some other things along to do or break journal passion for writing reason why love writing so much is because that's a way i can express myself and who i am i listen to a lot of different things but mainly rock punk metal probably and much more
illustrated when he plead guilty he knew that he was well behaved in prison that he would be released from prison in september of two thousand and nine when he was fifty one and a half years because of the first violation likewise with probation and with probation if there's a fission saying violated your probation the probation is go and then  process relating to the on the
was derived from out of court knowledge rather than from the now whether that is a real gain or relieve your fictitious one we don't know but at least that's what the witness said now how could how could you visualize this case being tried without some evidence  i think that took place shows that there's a group of people who are willing to use force against you if you don't do what we say so that survive shows that there is a real threat by the prosecutor for the credibility of this wit
is there any evidence in the record this man could earn cmon money that he was earning before he was injured is well then he's established a diminution in earning capacity which is the element that is required to sta