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courtlistener_HTML_Query_240

"improperly omitting an element from the jury . . . precludes the jury from making a finding on the actual element of the offense" [emphasis in original]

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courtlistener_HTML_Query_241

holding that right to appeal is purely statutory and cannot be modified by court

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courtlistener_HTML_Query_242

“[W]here possible, courts will render decisions on federal constitutional questions unnecessary by resolving cases on the basis of state law (whether statutory or constitutional).”

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courtlistener_HTML_Query_243

explaining that under New York law “all writings which form part of a single transaction and are designed to effectuate the same purpose [must] be read together” (internal quotation marks omitted)

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courtlistener_HTML_Query_244

“[T]he rules of criminal procedure require the appointment of counsel in PCRA proceedings.”

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courtlistener_HTML_Query_245

defendant’s counsel invited error by eliciting testimony on cross-examination

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courtlistener_HTML_Query_246

“[T]his Court has consistently repudiated distinc- tions between citizens solely because of their ancestry as being odious to a free people whose institutions are founded upon the doctrine of equali- ty.”

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courtlistener_HTML_Query_247

upholding application of rebuttable presumption of reasonableness to within-Guidelines sentence

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courtlistener_HTML_Query_248

stating that judges are immune from suit under § 1983 for damages arising from their judicial acts

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courtlistener_HTML_Query_249

“If the ALJ’s decision is supported by substantial evidence, then reversal would not be warranted even if substantial evidence would support the opposite conclusion.”

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courtlistener_HTML_Query_250

Taxpayer corporation had standing to challenge a state property tax, but did “not have standing to assert the Tribes’ sovereign right of self-government in doing so.”

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courtlistener_HTML_Query_251

stating that the Elections Clause “invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices”

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courtlistener_HTML_Query_252

holding that a shipper had “reasonable notice and an opportunity to make a deliberate, thoughtful choice in selecting” a limit of liability 20 when the shipper drafted the bill of lading and negotiated its terms

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courtlistener_HTML_Query_253

“showing of willfulness or lack of good faith is required [for section 6673(a)(1) damages]”

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courtlistener_HTML_Query_254

“[A] petitioner whose claim is that he received ineffective assistance of counsel not only must satisfy the Strickland standard but also must show that the state court’s rejection of his claim either was contrary to Strickland or was an unreasonable application of Strickland.”

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courtlistener_HTML_Query_255

stating that the right of counsel in deportation proceedings is “critical” and “fundamental,” and that it “must be respected in substance as well as in name” (citing Rios-Berrios, 776 F.2d at 863-64)

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courtlistener_HTML_Query_256

uphold- ing an award of front pay in failure to promote case

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courtlistener_HTML_Query_257

finding appeal untimely because defendant filed more than one year “after he was sentenced on the charge”

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courtlistener_HTML_Query_258

describing procedural requirements such as notice-and- comment as “serv[ing] the salutary purposes of (1) ‘ensur[ing] that agency regulations are tested via exposure to diverse public comment, (2) ensur[ing] fairness to affected parties, and (3

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courtlistener_HTML_Query_259

"Where there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment."

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courtlistener_HTML_Query_260

“we lack jurisdiction to set aside this state-court judgment

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courtlistener_HTML_Query_261

holding the AGO's exemptions logs were inadequate because they claimed the controversy exemption for numerous records without specifying details such as the controversy to which each record was relevant

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courtlistener_HTML_Query_262

“The review of a district court’s decision to grant or deny a preliminary injunction is ex- tremely narrow in scope”

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courtlistener_HTML_Query_263

concluding that students were not denied due process in timing and content of formal notice, inability to cross- examine witnesses, denial of recess, and various other circum- stances that students described as prejudicial or inadequate

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courtlistener_HTML_Query_264

noting that the Court is “engaging in statutory interpretation” by employing the categorical approach

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courtlistener_HTML_Query_265

“While the victim had her bank statements with her in court, a predicate was not laid for their authenticity or reliability . . . . Without laying that foundation, the evidence is inadmissible hearsay.”

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courtlistener_HTML_Query_266

suggesting that “the standard error of measurement is a bi-directional concept that does not carry with it a presumption that an individual’s IQ falls at the bottom of his IQ range”

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courtlistener_HTML_Query_267

construing then 42 U.S.C. § 408(d) which is similar to § 1383a(a)(3)(A)

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courtlistener_HTML_Query_268

meaning it must be the “authoritative” or “official position” of the agency (internal quotation marks and citation omitted)

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courtlistener_HTML_Query_269

holding that where a juror “is so incapacitated by reason of intoxicants or otherwise as to be incapable, physically or mentally, of functioning as a competent, qualified juror, the trial judge may order a mistrial”

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courtlistener_HTML_Query_270

facts that individual paid cash for one-way ticket and call-back number was out of service were properly considered in probable cause analysis

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courtlistener_HTML_Query_271

“§ 1983 precludes liability in federal government actors”

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courtlistener_HTML_Query_272

“inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute ‘excusable’ neglect”

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courtlistener_HTML_Query_273

interpreting 42 Pa.C.S. § 62A06(a)(1)

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courtlistener_HTML_Query_274

“It is significant that the juvenile court system is generally considered to be more favorable to a child than is the adult court system, because in the former the welfare of the child is the highest concern.”

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courtlistener_HTML_Query_275

“[S]ince the fee award is part of the appeal, the constitutionality of 11 the repealed ordinance needs to be addressed even if there were no prospect of 12 reinstatement of the original ordinance”

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courtlistener_HTML_Query_276

highlighting that the above line of decisions exemplify that “the assertion that an award concerns matters that are not subject to the right of collective bargaining under the Act implicates review under narrow certiorari as raising an excess of powers claim”

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courtlistener_HTML_Query_277

considering on appeal only those arguments presented to the district court regarding the existence of an implied-in-fact employment contract

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courtlistener_HTML_Query_278

holding that the UTA definition of “purchase” applies to the GSTA because the two statutes are in pari materia

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courtlistener_HTML_Query_279

“Similarly situated employees are those who deal with the same supervisor and are subject to the same standards governing performance evaluation and discipline.”

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courtlistener_HTML_Query_280

reviewing a court's decision to decline jurisdiction for abuse of discretion

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courtlistener_HTML_Query_281

“It is the task of counsel to inform us . . . both as to the specific errors relied on and the grounds and supporting facts and authorities therefor.”

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courtlistener_HTML_Query_282

"In applying the 'fairly traceable' requirement, some distinction, of course, must be made between plaintiffs who lie within the discharge zone of a polluter and those who are so far downstream that their injuries cannot fairly be traced to that defendant."

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courtlistener_HTML_Query_283

Pl.’s (Am.) Combined Opp. to Defs.’ Mot. for Summ. J. & Reply in Supp. Pl.’s Mot. for Summ. J., filed Dec. 18, 2013

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courtlistener_HTML_Query_284

Missouri statute making it felony to resist arrest by fleeing in such manner as to create substantial risk of serious physical injury or death to any person is “crime of violence” under § 4B1.2(a

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courtlistener_HTML_Query_285

noting the basic presumption that the legislature has knowledge of previous legislation

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courtlistener_HTML_Query_286

determining that the court would not 4 Proper procedure requires that the seizing agency send written notice of the seizure “to each party who appears to have an interest in the seized article.” 19 U.S.C. § 1607(a

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courtlistener_HTML_Query_287

defendants under the age of eighteen not eligible for the death sentence

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courtlistener_HTML_Query_288

The insured is not entitled “to payment of claims that are excluded by the policy, nor to protection in excess of that which is provided for in the contract, nor to anything inconsistent with the limitations contained in the contract.”

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courtlistener_HTML_Query_289

“academic” for the court to “consider . . . demand for a declaratory judgment” that § 7(a)(2) was violated “when the complaint was filed, but not now”

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courtlistener_HTML_Query_290

holding that a statute prohibiting rebates could validly be applied to a rebate paid after the act's effective date with respect to property transported before the act's effective date

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courtlistener_HTML_Query_291

holding that issues raised, but not briefed, are deemed waived on appeal

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courtlistener_HTML_Query_292

holding that "failure to provide any legal or factual analysis of an issue results in waiver"

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courtlistener_HTML_Query_293

describing a union’s duty of fair representation as a “statutory obligation to serve the interests of all members without hostility or dis- crimination toward any, to exercise its discretion with com- plete good faith and honesty, and to avoid arbitrary conduct”

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courtlistener_HTML_Query_294

stating that petitioner must show “counsel’s representation fell below an objective standard of reasonableness”– that is, that counsel’s performance was unreasonable “under prevailing professional norms . . . considering all of the circumstances”

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courtlistener_HTML_Query_295

“[W]here an appellate brief fails to provide any discussion of a claim with citation to relevant authority or fails to develop the issue in any other meaningful fashion capable of review, that claim is waived.”

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courtlistener_HTML_Query_296

observing that “[w]hile a complaint attacked by a Rule 12(b)(6

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courtlistener_HTML_Query_297

in determining whether a felony is “inherently dangerous” under Ford, “a court does not consider the elements of the felony in the abstract, but instead considers the circumstances under which the felony was committed”

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courtlistener_HTML_Query_298

“It is well established that where, as here, the appellant failed to raise the issue before the agency, the issue has been waived and cannot be considered on appeal.”

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courtlistener_HTML_Query_299

certifying stockholder class under Rule 23(b)(1) without opt-out rights

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courtlistener_HTML_Query_300

emphasizing that first degree theft could further the commission of first degree trafficking in stolen property but ultimately making its decision recognizing that the criminal intent between the two crimes, when viewed objectively under Dunaway, are different

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courtlistener_HTML_Query_301

a general appearance made in a collateral proceeding attacking an earlier judgment does not confer personal jurisdiction retroactively

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courtlistener_HTML_Query_302

discussing expired permit cases which reject application of the mootness doctrine

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courtlistener_HTML_Query_303

―This dispute raises an interesting question of valuation, which has elicited a fair amount of attention from judges, appraisers, and academics.‖

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courtlistener_HTML_Query_304

“an application for fees and costs may be brought at any time where it is outside the issues in the underlying judgment and the statute sets no time limit for seeking the expenses” (Town of Libertyville v. Bank of Waukegan, 152 Ill. App. 3d 1066, 1073, 504 N.E.2d 1305 (1987))

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courtlistener_HTML_Query_305

explaining that “failure to corroborate . . . testimony may bear on credibility[] because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question”

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courtlistener_HTML_Query_306

observing that “‘witnesses’ against the accused,” for Confrontation Clause purposes, are “those who ‘bear testimony’”

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courtlistener_HTML_Query_307

holding that a mandatory drug treatment program for prisoners is "clearly coercive" where the program is rooted in religious faith

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courtlistener_HTML_Query_308

holding that a 15-year professional relationship, alone, was insufficient to cast reasonable doubt upon a director’s independence

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courtlistener_HTML_Query_309

“[T]he proper channel for a challenge to the equity of a sentence as opposed to its legality is through the Sentence Review Division. We have consistently held that we will not review a sentence on appeal for mere inequity or disparity.” (internal quotation marks and citation omitted)

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courtlistener_HTML_Query_310

distinguishing between Heck doctrine and res judicata

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courtlistener_HTML_Query_311

holding that the “brings to” offense “terminates when the initial transporter who brings the alien to the United States drops off the alien at a location in this country”

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courtlistener_HTML_Query_312

“Every Federal Court of Appeals to have considered the question has found vicarious liability when a discriminatory act results in a tangible employment action.”

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courtlistener_HTML_Query_313

“That the [predicate felony] element of the statute is embedded in a prepositional phrase and not expressed in verbs does not dissuade us from concluding that [the predicate felony] [is an] essential conduct element[].”

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courtlistener_HTML_Query_314

"If the administrative action is to be tested by the basis upon which it purports to rest, that basis must be set forth with such clarity as to be understandable."

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courtlistener_HTML_Query_315

finding defendant’s appeal was not quashed pursuant to Rule 905(a)(5) even though he filed a notice of appeal before the court entered a final order denying post- conviction relief

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courtlistener_HTML_Query_316

noting that the WLAD covers a broader range of employers than does Title VII

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courtlistener_HTML_Query_317

noting that the case was resolved "on considerations not discretely identified in the parties' briefs" because those considerations were "inextricably linked to, and thus fairly included within, the questions presented" (internal quotation omitted

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courtlistener_HTML_Query_318

conditionally affirming civil case, in part, subject to outcome of hearing on remand regarding statute of limitations

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courtlistener_HTML_Query_319

holding that occasional forgetfulness is not a substantial limitation as “many . . . adults in the general population suffer from a few incidents of forgetfulness a week, and indeed must write things down in order to remember them”

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courtlistener_HTML_Query_320

supplemental pleading denied when it still failed to cure defective original pleading

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courtlistener_HTML_Query_321

holding that hearing transcript with 292 “inaudible” or “indiscernible” notations did not violate applicant's due process rights because he could not demonstrate prejudice

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courtlistener_HTML_Query_322

holding Schmerber did not stand for proposition that loss of evidence through dissipation of alcohol from suspect’s body was sufficient exigency alone to justify warrantless blood draw

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courtlistener_HTML_Query_323

holding that a hearing where the zoning board said it would deliberate and hold a subsequent meeting to announce its deliberations constituted the final hearing and that the subsequent meeting to announce deliberations did not qualify as a hearing

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courtlistener_HTML_Query_324

explaining paragraph IV filings in the context of the Hatch-Waxman scheme and the infringement suit that may be “trigger[ed]” as a result

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courtlistener_HTML_Query_325

explaining that for issue preclusion to operate the “issue decided in the prior litigation” must be “identical to the issue presented in the present action”

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courtlistener_HTML_Query_326

“[E]vidence presented in the trial of a prior cause, or definite views on the law, create no personal bias since they do not stem from an extrajudicial source.”

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courtlistener_HTML_Query_327

holding that a debt established under a state law breach of contract theory of recovery could be excepted from discharge under § 523(a)(2)(A)

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courtlistener_HTML_Query_328

"As long as the sources of the libelous information appeared reliable, and the defendant had no doubts about its accuracy, the courts have held the evidence of malice insufficient to support a jury verdict, even if a more thorough investigation might have prevented the admitted error."

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courtlistener_HTML_Query_329

rejecting past abuse as ground for departure under sections 5H1.3 and 5K2.13 because defendant had committed violent crime of armed robbery

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courtlistener_HTML_Query_330

finding that release of list of inmates’ names would endanger life and physical safety “given inmates’ gang ties, interest in escape, and motives for violence”

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courtlistener_HTML_Query_331

deeming abandoned arguments not specifically discussed in initial brief

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courtlistener_HTML_Query_332

“Defendant * * * attacks the facial constitutional- ity of the future dangerousness question, set out in ORS 163.150(1)(b)(B

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courtlistener_HTML_Query_333

A plaintiff’s evidence of pretext “must reveal such weaknesses, implausibilities, inconsistencies, incoherencies or contradictions in the employer’s proffered legitimate reasons for its actions that a reasonable factfinder could find them unworthy of credence.”

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courtlistener_HTML_Query_334

“The trial court’s consideration of juvenile offenses under factor (1) was improper.”

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courtlistener_HTML_Query_335

“When a plaintiff’s complaint names private parties, or local, county, or state agencies, rather than federal agencies, this court has no jurisdiction to hear those allegations.”

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courtlistener_HTML_Query_336

“The jury is the sole judge of the credibility of witnesses and the weight to be given to their testimonies.”

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courtlistener_HTML_Query_337

"A jury could find that [the defendant's] assistance in helping [an alien] obtain a Social Security card, which the evidence established he is not entitled to have, encouraged or induced him to reside in this country in violation of the statute."

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courtlistener_HTML_Query_338

parties' subjective beliefs about contract are irrelcvanl

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courtlistener_HTML_Query_339

noting our limited role as an intermediate appellate court

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