MLCommons/peoples_speech_v1.0 huggingface dataset:
johnson's motion to compel arbitration was conclude that we can't apply texas law here across the south because it was argued to the district court where the magistrate judge bed for the rhode island law applause you have no arguments against what she did contract as you pointed out with texas was a place of all performance so you know there seems to me plenty of other obvious bases for texas jurisdiction i don't have a crystal it was a short hearing and the court seized upon we are here today with a very narrow focus of reviewing that very well reasoned decision recommendation i should say from magistrates all of them which clips that way imaginable because to begin with this procedural problem and i'd like your thinking on a magistrate judge treated this motion t confronted one at some point after the superior court ruled there but prior to that time it was uncalled for and in the opinion there suggest that the board was not bound by the harbor were during th correct party to decide how the two ability one of those circumstances is when the it was one of the parties to the agreement that contains the operation provision agreed to that the contracting case that suggested it would make sense under federal collateral stoppable common law principles when seven hundred thirty eight is not governing for us and not allow us to conclude that when there's no federal interest there's only a state interest
for the apparent inconsistency however when the individual seventy one year old man responded that he was mistaken understand all are did i do should have continued and asked basically explained why even not accept that's what this that's what they focused in on they need one says hit on the head and then it's just another says hit in the stomach and can't breathe ground what we're really saying is is that inconsistent well i mean  but the worry i have is that when he was asked well you've got an inconsistency here and so why are you really saying he says well i made a mistake and then he says and i don't know which one was  mistake yes the so what is the judge ado about then i mean you're saying he should ask more questions but when the guy says right there in this testimony i made a mistake but i don't remember which one have memory issues he's a seventy one year old man from here and was going through a lot of hardship and your honor even in light of that inconsistency the court knows very well what is happening in iran today the country reports in this case and the religious freedom circumstances in which christians may stuff or the evidence does not support of finding from your membership would result in the future there is intolerance in trying to convert people to christianity that's what well my worry is what standard to review i'm supposed to review the credibility finding and i guess you've now suggested another if if i go under matter for beno i don't have to do anything with it if i go for clear air i do have to look and see what they're finding there was no clear do and i guess you're suggesting quite a second which earth third which years i take w
accident and then one taken several weeks after the accident showed
e like and you know that there is no possibility apparently even though concerns about her breasts because none of the items were covered by an attorney client privilege we simply don't have that here and our issue is really more tailored there is no reasonable but there is a gap that people to congress recognise an expectation of privacy email because the third party doctrine might be considered way because we store this material with google or a party individual fire simply having a right to privacy was very cumbersome and
the streets last night towards government institutions bases and businesses the army has given orders to shoot protesters on sight at least ten people died overnight pakistan political future remains up in the air general elections are scheduled for january if the remains place he also said this is a time warning for pakistan and i think the government of pakistan has only announced three days morning i spoke with the president pakistan this morning before you went into his meeting and he also expressed to you his shocked and kind of presidential candidates are spending record amounts of money on television advertising in iowa in head of next week's caucus the democratic candidates have spent nearly twenty four million dollars in television ads nearly two now half times previous record  billion dollars a month on the war in iraq and afghanistan stevens made the remarks last week during a speech on the floor of the senate congressional research service has just made it cost more in worldwide counterterrorism activities has jumped by sixty percent since prisoner riley odinga earlier results show opposition leader rally to go in and democrats in the state of kansas and fusing the republican party are trying to put together a list of lawyers to challenge on
is trying to get food under scrutiny and here really when you look at the plea agreement she she really made about three thousand some was dollars and this occurred after her husband had lost his job is a medical disability and they convention against torture on the basis that she is the wife of the former captain of staff you know army yet for some reason prior counsel did not submit an application for asylum time we get to a first time we hear anything is now he didn't file in the district court and he didn't move to reopen the case before the b i which would seem to me to be what he should have done given those cases so  was as soon as petitioners found out about the decision they were basically picked up by immigration service and that's when they learned about it we filed the petition for review former assistants to capture and kill now well it was because he was with his former counsel until he was picked up by immigration basically and they decided they better consult get a second opinion basically stamps that she purchased from an undercover agent and a discount rate and sold them for profit much like you would buy drugs from a drug dealer and that you'd sell them on the street for profit just that well you so and so i mean you know we can have an informal discussion you know we have a discussion about this but she made money by selling food stamps and and  from because i was not sentenced to a year that was her claim that has no bearing on on a aggravated felony under an m r i and the reason it's critical is because the arguments that have now been raised the board could not anticipated and so the argument is that she did not preserve her claims for release its well college the difference in this case is that she is applying for relief have to come up with some evidence showing that the loss was not ten thousand dollars and would that taylor shepherd categorical modified approach work in those circumstances where you see
is to seek reassurance in order to the bird to reissue their decision issued in march of two thousand and thirteen would be dated contemporaneously him then that he missed his opportunity for review because he did not receive that decision in march of two thousand and thirteen this would remedy the wrong to my client and would give him the opportunity to seek direct appellate review five factory reset the clock legitimate issue come before us on appeal before you know in some ways your honor yes but we are bringing it again in this in this venue as it you have another problem too he found out about the order within a month or two and yet then waited i think more than another year to file anything didn't  request and what are we asking for we are asking for his day in court should the court issue their decision he will have an opportunity for direct review of the petition of the lawyer unfortunately his lawyer had not properly changed his address with the board therefore they were sent to his lawyer and were sent to a prior address of my client decisions that were mailed out by the board were laughed undelivered returned back to the board on delivered the board had this knowledge and despite that has failed to take action which they can arm which is to remedy this error and allow my horror when it a p a review the final agency action for which there is no other adequate ram in the in this case the p s r process clearly provides an adequate remedy of courts or of address the specific provision and have looked at a couple that on the form that was requested or that the petitioner specifically provided an updated address which is also uses the statute requires well under this close
yes where he cited the language but most we will pay regardless of the number of insurance claims mean b and pools insured what about that language me it was insur
trial court for a hearing on a post such second post conviction petition the larger question in this case is a question fac factor by a serious collection  seventeen year old boy to sixty five years in prison not finding that it was drug induced not finding that it was a psychotic event not finding that the poly substance clearly played a role but the finding out  i think you also contend and argue that deadbeat because of the reasons were set out in the petition itself for failure to file it earlier and then there was sufficient that we have the legal authority would rest in the majority opinion and people versus read up on it we're asking you to look at the facts of this case and to see if somewhere i want to use the word rough monist but i'm this boy is now thirty seven years old and have spent the last twenty years behind bars and i'm i'm hopeful this song look at the facts of this case and understand that this was an injustice is three years on less and less the petition shows makes a factual showing that that the delay was not based upon his culpable negligence the guilty plea and sentencing in this case was an eighteen nineteen january in march there's an affidavit from the defendant in dated february seventeenth two thousand and five there's an affidavit from this father did in january thirty first two thousand and five that's the first time that this issue was attempted to obtain copies of the record of proceedings in this case at that time in full flower motion to proceed in formal paupers and requests for tree three transcripts stating that a transcript of the guilty pleas are essential to proceed with the post would blame mr raina for her slowly slowly slowly figuring out how to get his for him to the door of the courthouse in a meaningful way if there were a system of medicine in this country where are you were diagnosed with the disease and you couldn't get treatment for it because you hadn't made it finally request for treatment were because you didn't ask permission for the treatment by asking leave to be treated no one in this room with how the rating system of medicine like that the system of of hospitals and charities and foundation for that provide medical relief no one would tolerate a system of medicine like the system of law that we've created no one would tolerate and be fundamentally shockingly unfair background i'm hoping we can find a way to thread i'm not actually in the field in the prison door for this boy i'm hoping we can find a way to open the courthouse door so that my office can represent him in a post
however i would urge the court not simply killed new hampshire for the district court to do the work that that had not been done in this case you don't want to do that why why what else could we sense i think all of the parties but you could have leading up to the increase of the national police have asked for some kind of meat we were pai and that is of course what happened here and we think this court would be very justified in making clear its opinion district judges should not do that should manage their should manage their chambers in a way t be which again is directed at him and to produce child pornography and subsidiary questions of motive separate from men opining on the motive why for mr heinrich was sexually attracted to children methodology here saying here is how i'm able to determine what was going on in that person's head sixteen months previously two years previously there's no explanation of the factors that he's considering and not considering that's also a so it was clear to the parties in the courtroom at that time that they had effectively been happy it certainly wouldn't be and still irregular but more proper for after that we hearing a written middle of trial where there's the judge says to go for three you know sustain over rules and there's no indication of how the balancing is if you will for a free question have been heavily briefed were discussed in an extensive  more to work out here but it simply cannot be said that the court adopted the government's ration now so for three exclusion the judge could not find the yes irrelevant testimony in fact he acknowledged on the record that some of it was this court to answer the question of whether or not the language and the staff here purpose of producing the visual depiction of sexually explicit conduct requires purpose if you actually explicit i'm not sure doctors are doctors for testimony can be relevant but i don't think the patent congress is very clear and passive and this in and is precisely what separates innocent conduct from
apologise i'm saying it for the purpose of what i'm saying i didn't memorize the numbers ok the nose of the room and could not find it maybe there's a citation to that record but i could not find where it even if the judge agreed divorce but there is a check coming back and so it was not contemplated that time had a big gun for it probably would have been specifically addressed but knowing knows that because he knew his attempts liability because of wrongful claiming things on court says i thought this was interesting language has been paid a hundred percent of the taxes is sufficient equitable reason to permit him to receive the entire refund you would agree with me that only comes in if there's not a valid contract no question about your honor so i'm wondering why the quit is using equitable really well it seems to be using equitable really what do you think about that i don't think i agree with the
most recent filed the motion doesn't notice i think what the case really comes down to at this point on this dispute under the modified categorical approach and unlike the cases that are cited by the government united states versus to what extent additional can or should the court consider the other counts of the information in assessing the first count before eighty seventy meaning specifically count to  the reason for that i think is that the categorical approach you're limited to the elements of the actual count the person pleasure if we start getting into questions of well this other county has different elements or different facts that were alleged and actually was charged and what the individual pledged to what about under the modified categorical with the same the same would hold true under the modified the court has made clear that the modified approach is limited to determining what elements of that broader than the federal definition because the leaves us without consent that somebody can plead to work with or without the consent of the owner under the modified approach we're still looking to see whether  approach or modified do we look at the law at the time of this event which would have been what one nine hundred ninety nine was the removal hearing work and we look at post removal here in law yes we look at post put clearly not have been eligible for what i did was a real talks about this but we're talking about questions of removal that we do look at the reason for that is that when somebody is charged in a thirteen twenty six case they're being charged with being with having been removed from the united states and coming back into the united states criminally big charge for that purpose a question of relief ability of the person was essentially removed in error that determination that legal error as an owl has now affected their ability to charge credible and that person would have had the right to remain in the country they would have actually been able to stay here had it not been for the error in the law and so when it comes to questions of the of the normal rules  thorough job of this thing which in between those two different situations are questionable first question bill when i just found your twenty eight j letter and i also see there's a response by the u s attorney what's your response to his response certain argue this case but opposing counsel says he will concede for purposes of this case or this appeal that the statute is divisible so we don't have to resolve that issue can nevertheless arguably finds that forty four is not divisible so is that how the california court look at a prosecution under four eighty seven to the california courts also counsel i'm still a little unclear as to your response to opposing counsel's argument that the information did not charge the defendant with much the case just argued will be submitted for decision
rewarding when he testified he had said hours he did not testify in its website them and basically he says it's up to him to do the job the way he wanted to he had no immediate supervisor to report to duty correct as far as  the papers correct yes he was paid on the jams and he completed rather than any kind of an hourly wage or any kind of a self wrecker pray begin we talked about there was no supervisory control over him he was able to call him mr schiff when our dickhead worked for him too was that correct right and i don't on the specters point to him being an independent contractor correct he was totally unsupervised while we was doing it was you know claimant feel to sustain the burden of proving an employee employer relationship was not against the math best weight of the evidence because it failed to demonstrate the existence of in working relationship at all if there were such a relationship he would have had evidence of employment or evidence of an independent contractor relationship which might or may not have been misclassified the only evidence of a working relationship that the plaintiff presented was his own testimony and that testimony was not credible records show no evidence that he was injured on the job or that he was employed by swift and the point of the arbitrator was making when she mentioned the monies and it was not so much i don't believe that she believed that he was definitely employed by  eyes and at that point but rather that one usually expects to find some evidence in the medical record and in addition to everything else we don't have that here there is no suggestion in the medical record either of the injury on the job or of  and that's contracted with ours he was paid only for the duties he completed nine hundred an hourly basis he didn't receive a sailor on there was no real supervision there was no evidence with control versus independent contractor went down the elements the end came to the conclusion that all of the elements favored a finding of no employer employee relationship and the stor
place a lot of great weight on us i didn't know what else was not quite dark so i'm going to just put all my arguments together for your honour's what she's been made about the community which the child resides and to change when she becomes more schooling but again i think that again we live in a society where relationships unfortunately are long distance and i think that many a young man many young that's correct i think that's what it comes down to or i don't go back to logan county she's now three months shy of giving birth back to logan county and go back to her prior situation where now she has happened here for somebody about were separate yes she did she she explained that and said what were bad were reconciled were back together which i think that i well actually kno approach is the value of an intact family court which i understand when you get somebody if there is the possibility of redeployment or the need for military police elsewhere that means that it's you've got an absolute wager away absent father or step father and then you couple that with perhaps the trial court remain concerned about credibility issues about how practically practically i mean we're you know we're talking about the best interests of a minor child continue to focus on that my thoughts today practically are going to make it difficult for the shop mother and again your honor what i want to structure this court we don't borrow to do anything to denigrate a ship that this young man has with his father or his community this is you know central is a very detrimental the situation that's being forced on the mother and we need to give some deference to the mother in this case not not not protect
because it is that it's outside the statu in a new petition but this is not the claim that was raised here it's never cleans before the script this court doesn't have that authority i will stress however that looking through the defendant's lengthy history of litigation you will see that in his prayer sessions he has that there was a discussion as to whether or not the sons would authorize but regardless of that is the question is really that this petition raises a claim that is properly before this court it doesn't and it does not raise cancer for playing changing the bijan comes into question is does the circumstances surrounding the consecutive nature of the hand extended version of this set of my said my one hundred years sentence by i don't remember seeing him in session in the petition but it's if that's what it says then that would seem to be an allegation that challenging the sentence but unfortunately this is a postcondition proceeding which is limited to constitutional claims and so the defendant has to raise a constitutional court the ability to do that which is what the defendant's argument is here the kick the facts in this case could certainly be considered brutal heinous when you actually look at what the facts out of the defendant breaking into the victim's house in the middle of the night standing over her while she's sleeping
yeah yeah yeah casual it's sort of like a traditional theater it's a more casual you know tables and dinner dinner theater style seating but they have a really high quality projection system and screen and all that stuff and so every night from ten to twelve during the film festival we're going to show of the night i went to the list lounge i got a phone call from the guy who owns a lucid lounge and downs of mine often and check us out on monday we're showing the film and i went up and it was the latino film festival that they were showing a cuban film and i was really impressed with reading to you i walking up cheery street and you said something very interesting to me so tell me about your history in texas my history as i was  biggest unknown killer the know in the history of the united states and i was with him at the dallas police station and i see him work with him i ended up with him later that day after i was nineteen sixty three and yes i was of i was the only member of the news media on hand to ever record what i just said to my wonderful reporter on the last person and then in there that's the fun thing about it is there's so many other chains on different places but i am ed james broadcast media and defined me on anybody and i really would like you to have been able to of a strip club right across the street if you're in seattle or you're in fort worth or whatever whatever your brain wanted to be jack ruby was the hundred sixty three when john kennedy was shot and killed and it was lee harvey oswald that did it i can take and say all of my wonderful years that i spent in broadcasting that was the most