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Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see", "identifier": "83 Ga. 549, 550-551", "parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
b
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see", "identifier": "83 Ga. 549, 550-551", "parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
b
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "10 S. E. 435, 435-436", "parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "10 S. E. 435, 435-436", "parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see", "identifier": "10 S. E. 435, 435-436", "parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
b
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "96 Ga. 521, 522-523", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "96 Ga. 521, 522-523", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "96 Ga. 521, 522-523", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see also", "identifier": null, "parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see", "identifier": "23 S. E. 414, 415", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
b
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "23 S. E. 414, 415", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those private lessors.
{ "signal": "see", "identifier": "23 S. E. 414, 415", "parenthetical": "wife can recover from contractor for chain- gang-related death of husband", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
{ "signal": "see also", "identifier": null, "parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement", "sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained while on lease to private company); Boswell v. Barnhart, 96 Ga. 521, 522-523, 23 S. E. 414, 415 (1895) (wife can recover from contractor for chain- gang-related death of husband); Dahlheim v. Lemon, 45 F. 225, 228-230 (1891) (contractor liable for convict injuries); Tillar v. Reynolds, 96 Ark. 358, 360-361, 365-366, 131 S. W. 969, 970, 971-972 (1910) (work farm owner liable for inmate beating death); Weigel v. Brown, 194 F. 652 (CA8 1912) (prison contractor liable for unlawful whipping); see also Edwards v. Pocahontas, 47 F. 268 (CC Va. 1891) (inmate can recover from municipal corporation for injuries caused by poor jail conditions); Hall v. O’Neil Turpentine Co., 56 Fla. 324, 47 So. 609 (1908) (private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement); see generally Mancini, supra (discussing abuses of 19th-century private lease system)." }
916,086
a
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
{ "signal": "no signal", "identifier": "308 B.R. 596, 601", "parenthetical": "granting debtor's motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
9,142,363
a
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
{ "signal": "cf.", "identifier": "266 B.R. 916, 921", "parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" and \"debt- or's good faith is irrelevant\"", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
{ "signal": "no signal", "identifier": "308 B.R. 596, 601", "parenthetical": "granting debtor's motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
9,142,363
b
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
{ "signal": "see also", "identifier": null, "parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
{ "signal": "no signal", "identifier": "273 B.R. 739, 747", "parenthetical": "grant- ing debtor's motion to reopen to administer an undisclosed interest in a wrongful death action", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
9,142,363
b
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
{ "signal": "no signal", "identifier": "273 B.R. 739, 747", "parenthetical": "grant- ing debtor's motion to reopen to administer an undisclosed interest in a wrongful death action", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
{ "signal": "cf.", "identifier": "266 B.R. 916, 921", "parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" and \"debt- or's good faith is irrelevant\"", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
9,142,363
a
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important consideration is the benefit to the creditors.
{ "signal": "see also", "identifier": null, "parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
{ "signal": "cf.", "identifier": "266 B.R. 916, 921", "parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" and \"debt- or's good faith is irrelevant\"", "sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis); In re Lewis, 273 B.R. 739, 747 (Bankr.N.D.Ga.2001)(grant- ing debtor’s motion to reopen to administer an undisclosed interest in a wrongful death action); See also Daniel, 205 B.R. 346 (Bankr.N.D.Ga.1997) (granting debt- or’s motion to reopen to add undisclosed personal injury claim); Cf. In re Dewberry, 266 B.R. 916, 921 (Bankr.S.D.Ga.2001) (granting debtor’s motion to reopen to add an age discrimination claim, stating that “the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate” and “debt- or’s good faith is irrelevant”)." }
9,142,363
a
This case is one of the "few instances" where death itself -- not distribution-- changes the value of property owned by the decedent.
{ "signal": "no signal", "identifier": "674 F.2d 768, 768", "parenthetical": "\"[I]n a few instances ... death does change the value of the property.\"", "sentence": "Ahmanson, 674 F.2d at 768 (“[I]n a few instances ... death does change the value of the property.”); see also Land, 303 F.2d at 172 (“It is only in the few cases where death alters value, as well as ownership, that it is necessary to determine whether the value at the time of death reflects the change caused by death____”). The majority resolves this case by relying on the familiar distinction between the estate tax (a tax on the passing of property) and the inheritance tax (a tax on the receipt of property by the decedent’s beneficiaries)." }
{ "signal": "see also", "identifier": "303 F.2d 172, 172", "parenthetical": "\"It is only in the few cases where death alters value, as well as ownership, that it is necessary to determine whether the value at the time of death reflects the change caused by death____\"", "sentence": "Ahmanson, 674 F.2d at 768 (“[I]n a few instances ... death does change the value of the property.”); see also Land, 303 F.2d at 172 (“It is only in the few cases where death alters value, as well as ownership, that it is necessary to determine whether the value at the time of death reflects the change caused by death____”). The majority resolves this case by relying on the familiar distinction between the estate tax (a tax on the passing of property) and the inheritance tax (a tax on the receipt of property by the decedent’s beneficiaries)." }
1,358,928
a
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan.
{ "signal": "no signal", "identifier": "167 Ariz. 219, 221", "parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
{ "signal": "see also", "identifier": "113 Ariz. 223, 227", "parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
4,052,342
a
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan.
{ "signal": "no signal", "identifier": "167 Ariz. 219, 221", "parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
{ "signal": "see also", "identifier": "550 P.2d 94, 98", "parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
4,052,342
a
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan.
{ "signal": "no signal", "identifier": "805 P.2d 1040, 1042", "parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
{ "signal": "see also", "identifier": "113 Ariz. 223, 227", "parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
4,052,342
a
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan.
{ "signal": "no signal", "identifier": "805 P.2d 1040, 1042", "parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
{ "signal": "see also", "identifier": "550 P.2d 94, 98", "parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.", "sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.”); see also Parsons v. Cont’l Nat. Am. Grp., 113 Ariz. 223, 227, 550 P.2d 94, 98 (1976) (A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.)." }
4,052,342
a
. While some courts have found that the relevant comparison under Sandin is between the specific deprivations imposed on the plaintiff and the deprivations imposed in the non-disciplinary confinement'area of prisons in the entire state, neither the Supreme Court in Sandin nor the Second Circuit has required such a basis of comparison, relying instead on a comparison between disciplinary and non-disciplinary confinement conditions within the plaintiff's institution.
{ "signal": "see", "identifier": null, "parenthetical": "comparing plaintiff's deprivations in SHU with those of the general prison population within the Hala-wa Correctional facility where plaintiff was housed when the challenged disciplinary confinement was imposed", "sentence": "See Sandin, supra, at 485, 115 S.Ct. 2293 (comparing plaintiff’s deprivations in SHU with those of the general prison population within the Hala-wa Correctional facility where plaintiff was housed when the challenged disciplinary confinement was imposed); Brooks, supra, at 48 (district court erred in not comparing conditions of disciplinary confinement with those of administrative confinement or the \"prison at large\"); Frazier, supra, at 317 (it is the inmate’s burden to show that the conditions of confinement in SHU are dramatically different from the basic conditions of his indeterminate sentence)." }
{ "signal": "contra", "identifier": "128 F.3d 1173, 1175", "parenthetical": "relevant comparison to \"most restrictive confine ment found in any facility in entire state\"", "sentence": "Contra Wagner v. Hanks, 128 F.3d 1173, 1175 (7th Cir.1997) (relevant comparison to \"most restrictive confine ment found in any facility in entire state”); McClary v. Kelly, 4 F.Supp.2d 195, 201 (W.D.N.Y. 1998) (relevant comparison to maximum security facilities in entire state)." }
373,242
a
In another context, the Fifth Circuit has recognized the dilemma that a consumer faces in trying to enforce the provisions of TILA, under which Congress had intended to create "a system of 'private attorney generals' who will be able to aid the effective enforcement of the Act." So long as the action "vindicates congressional policy," the Sosa court concluded that it was within the trial court's discretion to award attorney's fees to the successful debtor.
{ "signal": "but see", "identifier": "547 F.2d 502, 506", "parenthetical": "criticizing Sosa for failing to follow the \"American Rule\" that attorney's fees are not ordinarily recoverable in the absence of statutory authorization", "sentence": "Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc., 91 F.3d 797, 800 (6th Cir.1996) (plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney’s fees); but see Rachbach v. Cogswell, 547 F.2d 502, 506 (10th Cir.1976) (criticizing Sosa for failing to follow the “American Rule” that attorney’s fees are not ordinarily recoverable in the absence of statutory authorization)." }
{ "signal": "see also", "identifier": "91 F.3d 797, 800", "parenthetical": "plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney's fees", "sentence": "Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc., 91 F.3d 797, 800 (6th Cir.1996) (plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney’s fees); but see Rachbach v. Cogswell, 547 F.2d 502, 506 (10th Cir.1976) (criticizing Sosa for failing to follow the “American Rule” that attorney’s fees are not ordinarily recoverable in the absence of statutory authorization)." }
11,912,584
b
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death.
{ "signal": "see", "identifier": "856 F.2d 985, 992-93", "parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
{ "signal": "see also", "identifier": "436 U.S. 584, 589-90", "parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
3,646,919
a
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death.
{ "signal": "see", "identifier": "856 F.2d 985, 992-93", "parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
3,646,919
a
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death.
{ "signal": "see", "identifier": "856 F.2d 985, 992-93", "parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
3,646,919
a
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death.
{ "signal": "see", "identifier": "856 F.2d 985, 992-93", "parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
{ "signal": "see also", "identifier": "615 F.3d 877, 882", "parenthetical": "under the Fourth Amendment, the injury or death of an individual does not affect the substance of a SS 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force", "sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violations of constitutional rights); see also Robertson v. Wegmann, 436 U.S. 584, 589-90, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (“As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under § 1983 upon the death of either the plaintiff or defendant.”) (citations and quotations omitted); McAllister v. Price, 615 F.3d 877, 882 (7th Cir.2010) (under the Fourth Amendment, the injury or death of an individual does not affect the substance of a § 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force)." }
3,646,919
a
Essex cannot show that any procedural error in the way the district court disposed of its claims against TME and Archer affected its substantial rights.
{ "signal": "see also", "identifier": "523 F.2d 689, 700", "parenthetical": "\"[P]roce-dural error does not warrant reversal unless it affects the substantial rights of the parties.\"", "sentence": "See Fed. R.Civ.P. 61; 28 U.S.C. § 2111; United States v. Killough, 848 F.2d 1523, 1527 (11th Cir.1988) (noting that the party asserting error has the burden of proving that the error prejudiced its substantial rights); see also Jimenez v. Weinberger, 523 F.2d 689, 700 (7th Cir.1975) (“[P]roce-dural error does not warrant reversal unless it affects the substantial rights of the parties.”)." }
{ "signal": "see", "identifier": "848 F.2d 1523, 1527", "parenthetical": "noting that the party asserting error has the burden of proving that the error prejudiced its substantial rights", "sentence": "See Fed. R.Civ.P. 61; 28 U.S.C. § 2111; United States v. Killough, 848 F.2d 1523, 1527 (11th Cir.1988) (noting that the party asserting error has the burden of proving that the error prejudiced its substantial rights); see also Jimenez v. Weinberger, 523 F.2d 689, 700 (7th Cir.1975) (“[P]roce-dural error does not warrant reversal unless it affects the substantial rights of the parties.”)." }
4,199,617
b
Here, the evidence showed merely that the mother threw an empty plastic jug at the oldest child on one occasion and physically disciplined her on another occasion. There was no suggestion that the child required medical attention or that her physical, mental, or emotional health was significantly impaired.
{ "signal": "see", "identifier": null, "parenthetical": "holding that physical abuse to support dependency adjudication was not shown by evidence that mother pulled child's hair and father slapped child's face, leaving a mark that did not require medical attention", "sentence": "See In re W.P., 534 So.2d 905 (Fla. 2d DCA 1988) (holding that physical abuse to support dependency adjudication was not shown by evidence that mother pulled child’s hair and father slapped child’s face, leaving a mark that did not require medical attention); see also J.C. v. Dep’t of Children & Families, 773 So.2d 1220 (Fla. 4th DCA 2000) (holding that bruises inflicted with belt did not constitute excessive or abusive corporal discipline to support dependency)." }
{ "signal": "see also", "identifier": null, "parenthetical": "holding that bruises inflicted with belt did not constitute excessive or abusive corporal discipline to support dependency", "sentence": "See In re W.P., 534 So.2d 905 (Fla. 2d DCA 1988) (holding that physical abuse to support dependency adjudication was not shown by evidence that mother pulled child’s hair and father slapped child’s face, leaving a mark that did not require medical attention); see also J.C. v. Dep’t of Children & Families, 773 So.2d 1220 (Fla. 4th DCA 2000) (holding that bruises inflicted with belt did not constitute excessive or abusive corporal discipline to support dependency)." }
9,011,856
a
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "see", "identifier": "458 U.S. 261, 261", "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
{ "signal": "cf.", "identifier": "403 U.S. 443, 478", "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
9,277,601
a
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "see", "identifier": "458 U.S. 261, 261", "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
9,277,601
a
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "see", "identifier": "458 U.S. 261, 261", "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
9,277,601
a
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "cf.", "identifier": "403 U.S. 443, 478", "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
9,277,601
b
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "cf.", "identifier": null, "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
9,277,601
b
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was readily capable of being driven away by the occupant.
{ "signal": "see", "identifier": null, "parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added", "sentence": "See Dyson, 527 U.S. at 466-67, 119 S.Ct. 2013; Labron, 518 U.S. at 939-40, 116 S.Ct. 2485; Carney, 471 U.S. at 388-93, 105 S.Ct. 2066; Thomas, 458 U.S. at 261, 102 S.Ct. 3079 (\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added)); Texas v. White, 423 U.S. 67, 67-68, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (per curiam); Chambers, 399 U.S. at 51-52, 90 S.Ct. 1975; Carroll, 267 U.S. at 162, 45 S.Ct. 280." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key", "sentence": "Cf. Coolidge v. New Hampshire, 403 U.S. 443, 478, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key)." }
9,277,601
a
Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a "combination of factors," the district court's failure to depart on that basis sua sponte is not appealable.
{ "signal": "cf.", "identifier": "198 F.3d 787, 790", "parenthetical": "reviewing for plain error the district court's failure to depart sua sponte on a ground that was barred by law at the time of sentencing", "sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable", "sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing)." }
1,002,961
b
Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a "combination of factors," the district court's failure to depart on that basis sua sponte is not appealable.
{ "signal": "cf.", "identifier": null, "parenthetical": "reviewing for plain error the district court's failure to depart sua sponte on a ground that was barred by law at the time of sentencing", "sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable", "sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing)." }
1,002,961
b
Arneault seeks to make out a substantive due process claim by alleging that these state actors knowingly relied on tainted information for malicious purposes unrelated to their legitimate governmental responsibilities. However, "merely alleging an improper motive is insufficient" to establish conscience-shocking behavior, "even where the [alleged] motive is unrelated to the merits of the underlying decision."
{ "signal": "no signal", "identifier": "523 F.3d 200, 220", "parenthetical": "addressing substantive due process claim in the zoning context and noting that application of the conscience-shocking standard \"prevents us from being cast in the role of a 'zoning board of appeals.' \"", "sentence": "Chainey v. Street, 523 F.3d 200, 220 (3d Cir. 2008) (addressing substantive due process claim in the zoning context and noting that application of the conscience-shocking standard “prevents us from being cast in the role of a ‘zoning board of appeals.’ ”) (citation omitted)." }
{ "signal": "see also", "identifier": "776 F.Supp.2d 95, 95", "parenthetical": "plaintiff failed to allege a substantive due process violation, despite claiming that defendant acted with \"gross negligence\"", "sentence": "See also Burns, 776 F.Supp.2d at 95 (plaintiff failed to allege a substantive due process violation, despite claiming that defendant acted with “gross negligence”)." }
4,004,390
a
The BIA did not abuse its discretion by denying Mendoza-Barragan's second motion to reopen for reissuance, because the evidence in the record does not compel the conclusion that Mendoza-Barragan did not receive the BIA's prior order dismissing his appeal.
{ "signal": "see also", "identifier": null, "parenthetical": "\"[S]tatements in motions are not evidence and are therefore not entitled to evidentiary weight.\"", "sentence": "See Hernandez-Velasquez, 611 F.3d at 1078 (“[T]he BIA enjoys a rebuttable ‘presumption of mailing’ when it issues a decision accompanied by a properly addressed and dated cover letter ..., [which] may be rebutted by affidavits of nonreceipt....”); see also Singh v. INS, 213 F.3d 1050, 1054 n. 8 (9th Cir.2000) (“[S]tatements in motions are not evidence and are therefore not entitled to evidentiary weight.”)." }
{ "signal": "see", "identifier": "611 F.3d 1078, 1078", "parenthetical": "\"[T]he BIA enjoys a rebuttable 'presumption of mailing' when it issues a decision accompanied by a properly addressed and dated cover letter ..., [which] may be rebutted by affidavits of nonreceipt....\"", "sentence": "See Hernandez-Velasquez, 611 F.3d at 1078 (“[T]he BIA enjoys a rebuttable ‘presumption of mailing’ when it issues a decision accompanied by a properly addressed and dated cover letter ..., [which] may be rebutted by affidavits of nonreceipt....”); see also Singh v. INS, 213 F.3d 1050, 1054 n. 8 (9th Cir.2000) (“[S]tatements in motions are not evidence and are therefore not entitled to evidentiary weight.”)." }
4,120,222
b
This, in turn, depends on "whether a reasonable person in the declarant's position would anticipate his statement being used against the accused in investigating and prosecuting the crime." Because O'Reilly did not know that his statements were being recorded and because it is clear that he did not anticipate them being used in a criminal proceeding against Johnson, they are not testimonial, and the Confrontation Clause does not apply.
{ "signal": "see", "identifier": "440 F.3d 832, 843", "parenthetical": "holding that an unwitting declarant's secretly recorded statements to a close friend were nontestimonial", "sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded statements to a close friend were nontestimonial); see also United States v. Mooneyham, 473 F.3d 280, 286-87 (6th Cir.2007) (stating that co-defendant’s out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial); United States v. Watson, 525 F.3d 583, 589 (7th Cir.2008) (“[A] statement unwittingly made to a confidential informant and recorded by the government is not ‘testimonial’ for Confrontation Clause purposes.”); United States v. Hendricks, 395 F.3d 173, 182 n. 9, 184 (3d Cir.2005) (same); United States v. Saget, 377 F.3d 223, 229 (2d Cir.2004) (same)." }
{ "signal": "see also", "identifier": "473 F.3d 280, 286-87", "parenthetical": "stating that co-defendant's out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial", "sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded statements to a close friend were nontestimonial); see also United States v. Mooneyham, 473 F.3d 280, 286-87 (6th Cir.2007) (stating that co-defendant’s out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial); United States v. Watson, 525 F.3d 583, 589 (7th Cir.2008) (“[A] statement unwittingly made to a confidential informant and recorded by the government is not ‘testimonial’ for Confrontation Clause purposes.”); United States v. Hendricks, 395 F.3d 173, 182 n. 9, 184 (3d Cir.2005) (same); United States v. Saget, 377 F.3d 223, 229 (2d Cir.2004) (same)." }
5,755,359
a
This, in turn, depends on "whether a reasonable person in the declarant's position would anticipate his statement being used against the accused in investigating and prosecuting the crime." Because O'Reilly did not know that his statements were being recorded and because it is clear that he did not anticipate them being used in a criminal proceeding against Johnson, they are not testimonial, and the Confrontation Clause does not apply.
{ "signal": "see", "identifier": "440 F.3d 832, 843", "parenthetical": "holding that an unwitting declarant's secretly recorded statements to a close friend were nontestimonial", "sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded statements to a close friend were nontestimonial); see also United States v. Mooneyham, 473 F.3d 280, 286-87 (6th Cir.2007) (stating that co-defendant’s out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial); United States v. Watson, 525 F.3d 583, 589 (7th Cir.2008) (“[A] statement unwittingly made to a confidential informant and recorded by the government is not ‘testimonial’ for Confrontation Clause purposes.”); United States v. Hendricks, 395 F.3d 173, 182 n. 9, 184 (3d Cir.2005) (same); United States v. Saget, 377 F.3d 223, 229 (2d Cir.2004) (same)." }
{ "signal": "see also", "identifier": "525 F.3d 583, 589", "parenthetical": "\"[A] statement unwittingly made to a confidential informant and recorded by the government is not 'testimonial' for Confrontation Clause purposes.\"", "sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded statements to a close friend were nontestimonial); see also United States v. Mooneyham, 473 F.3d 280, 286-87 (6th Cir.2007) (stating that co-defendant’s out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial); United States v. Watson, 525 F.3d 583, 589 (7th Cir.2008) (“[A] statement unwittingly made to a confidential informant and recorded by the government is not ‘testimonial’ for Confrontation Clause purposes.”); United States v. Hendricks, 395 F.3d 173, 182 n. 9, 184 (3d Cir.2005) (same); United States v. Saget, 377 F.3d 223, 229 (2d Cir.2004) (same)." }
5,755,359
a
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was substantially similar to the actual event as theorized by the State.
{ "signal": "see also", "identifier": "800 F.2d 235, 238", "parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
{ "signal": "see", "identifier": "776 S.W.2d 168, 168-69", "parenthetical": "upholding in-court demonstration of six disarming techniques by which a person might take police officer's weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
9,005,023
b
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was substantially similar to the actual event as theorized by the State.
{ "signal": "see", "identifier": null, "parenthetical": "upholding demonstration in which State re-created how husband's body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
{ "signal": "see also", "identifier": "800 F.2d 235, 238", "parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
9,005,023
a
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was substantially similar to the actual event as theorized by the State.
{ "signal": "see", "identifier": "250 S.W. 180, 181", "parenthetical": "upholding demonstration in which State re-created how husband's body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
{ "signal": "see also", "identifier": "800 F.2d 235, 238", "parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed", "sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disarming techniques by which a person might take police officer’s weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him); Stembridge v. State, 94 Tex.Crim. 207, 250 S.W. 180, 181 (1928) (upholding demonstration in which State re-created how husband’s body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense); see also United States v. Wanoskia, 800 F.2d 235, 238 (10th Cir.1986) (upholding in-court demonstration using estimate of length of deceased wife’s arms to show she could not have shot herself as husband claimed)." }
9,005,023
a
North Carolina law requires that the county commissioners of each county "provide for the register of deeds" in a "book, to be called Registration of Titles." See N.C. Gen.Stat. SS 43-13. Since conveyances of land, contracts and options to convey land, leases over three years, and mortgages and deeds of trusts are required to be recorded in the Registration of Titles book in order to be effective against lien creditors or purchasers for value, see N.C. Gen.Stat. SSSS 47-18, 47-20, the book establishes a chain of title on which purchasers can rely.
{ "signal": "see", "identifier": null, "parenthetical": "purchaser charged with notice of all facts disclosed by an examination of the chain of title", "sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination of the chain of title); see also Chrysler Credit Corp. v. Burton, 599 F.Supp. 1313, 1318 & n. 9 (M.D.N.C.1984) (“[P]ublic record concerning the status of land titles” is established by recording in the Registration of Titles as required by North Carolina General Statutes §§ 47-18 & 47-20). Moreover, the North Carolina courts have clarified that the purpose of these North Carolina recording provisions is to establish a “single reliable means for purchasers to determine the state of the title to real estate,” and to impute constructive notice only of “all duly recorded documents that a proper examination of the title would reveal.”" }
{ "signal": "see also", "identifier": null, "parenthetical": "\"[P]ublic record concerning the status of land titles\" is established by recording in the Registration of Titles as required by North Carolina General Statutes SSSS 47-18 & 47-20", "sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination of the chain of title); see also Chrysler Credit Corp. v. Burton, 599 F.Supp. 1313, 1318 & n. 9 (M.D.N.C.1984) (“[P]ublic record concerning the status of land titles” is established by recording in the Registration of Titles as required by North Carolina General Statutes §§ 47-18 & 47-20). Moreover, the North Carolina courts have clarified that the purpose of these North Carolina recording provisions is to establish a “single reliable means for purchasers to determine the state of the title to real estate,” and to impute constructive notice only of “all duly recorded documents that a proper examination of the title would reveal.”" }
11,708,266
a
North Carolina law requires that the county commissioners of each county "provide for the register of deeds" in a "book, to be called Registration of Titles." See N.C. Gen.Stat. SS 43-13. Since conveyances of land, contracts and options to convey land, leases over three years, and mortgages and deeds of trusts are required to be recorded in the Registration of Titles book in order to be effective against lien creditors or purchasers for value, see N.C. Gen.Stat. SSSS 47-18, 47-20, the book establishes a chain of title on which purchasers can rely.
{ "signal": "see also", "identifier": null, "parenthetical": "\"[P]ublic record concerning the status of land titles\" is established by recording in the Registration of Titles as required by North Carolina General Statutes SSSS 47-18 & 47-20", "sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination of the chain of title); see also Chrysler Credit Corp. v. Burton, 599 F.Supp. 1313, 1318 & n. 9 (M.D.N.C.1984) (“[P]ublic record concerning the status of land titles” is established by recording in the Registration of Titles as required by North Carolina General Statutes §§ 47-18 & 47-20). Moreover, the North Carolina courts have clarified that the purpose of these North Carolina recording provisions is to establish a “single reliable means for purchasers to determine the state of the title to real estate,” and to impute constructive notice only of “all duly recorded documents that a proper examination of the title would reveal.”" }
{ "signal": "see", "identifier": "199 S.E.2d 1, 10", "parenthetical": "purchaser charged with notice of all facts disclosed by an examination of the chain of title", "sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination of the chain of title); see also Chrysler Credit Corp. v. Burton, 599 F.Supp. 1313, 1318 & n. 9 (M.D.N.C.1984) (“[P]ublic record concerning the status of land titles” is established by recording in the Registration of Titles as required by North Carolina General Statutes §§ 47-18 & 47-20). Moreover, the North Carolina courts have clarified that the purpose of these North Carolina recording provisions is to establish a “single reliable means for purchasers to determine the state of the title to real estate,” and to impute constructive notice only of “all duly recorded documents that a proper examination of the title would reveal.”" }
11,708,266
b
Second, the "fruit of the poisonous tree" is an evidentiary doctrine that does not apply in civil matters.
{ "signal": "see", "identifier": "411 Fed.Appx. 378, 384", "parenthetical": "\"The 'fruit of the poisonous tree' doctrine does not apply to civil actions brought under SS 1983[.]\"", "sentence": "See Hargroves v. City of New York, 411 Fed.Appx. 378, 384 (2d Cir.2011) (“The ‘fruit of the poisonous tree’ doctrine does not apply to civil actions brought under § 1983[.]”); see also Matthews v. City of New York, 889 F.Supp.2d 418, 433-34 (E.D.N.Y.2012) (“the Second Circuit has held ‘that the fruit of the poisonous tree doctrine may not be invoked to support a § 1983 civil action, because the doctrine ‘is an eviden-tiary rule that operates in the context of criminal procedure ... and as such has generally been held to apply only in criminal trials.’ ”) (citations omitted)." }
{ "signal": "see also", "identifier": "889 F.Supp.2d 418, 433-34", "parenthetical": "\"the Second Circuit has held 'that the fruit of the poisonous tree doctrine may not be invoked to support a SS 1983 civil action, because the doctrine 'is an eviden-tiary rule that operates in the context of criminal procedure ... and as such has generally been held to apply only in criminal trials.' \"", "sentence": "See Hargroves v. City of New York, 411 Fed.Appx. 378, 384 (2d Cir.2011) (“The ‘fruit of the poisonous tree’ doctrine does not apply to civil actions brought under § 1983[.]”); see also Matthews v. City of New York, 889 F.Supp.2d 418, 433-34 (E.D.N.Y.2012) (“the Second Circuit has held ‘that the fruit of the poisonous tree doctrine may not be invoked to support a § 1983 civil action, because the doctrine ‘is an eviden-tiary rule that operates in the context of criminal procedure ... and as such has generally been held to apply only in criminal trials.’ ”) (citations omitted)." }
4,208,117
a
Civil forfeiture and jeopardy tax assessments are relevant analogies here. Several cases have persuasively rejected claims that jeopardy assessments causing inability to hire counsel violate the Sixth Amendment.
{ "signal": "see", "identifier": null, "parenthetical": "rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as \"immaterial\" for purposes of a due process claim any distinction between indigency and \"government-imposed\" indigency", "sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as “immaterial” for purposes of a due process claim any distinction between indigency and “government-imposed” indigency); see also United States v. Marshall, 526 F.2d 1349 (9th Cir.1976) (rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct); United States v. Allied Stevedoring Corp., 138 F.Supp. 555 (S.D.N.Y.1956) (rejecting corporation’s claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary). We similarly reject Caplin & Drysdale’s claim that the Sixth Amendment forbids forfeiture proceedings that render a defendant indigent." }
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct", "sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as “immaterial” for purposes of a due process claim any distinction between indigency and “government-imposed” indigency); see also United States v. Marshall, 526 F.2d 1349 (9th Cir.1976) (rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct); United States v. Allied Stevedoring Corp., 138 F.Supp. 555 (S.D.N.Y.1956) (rejecting corporation’s claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary). We similarly reject Caplin & Drysdale’s claim that the Sixth Amendment forbids forfeiture proceedings that render a defendant indigent." }
1,773,124
a
Civil forfeiture and jeopardy tax assessments are relevant analogies here. Several cases have persuasively rejected claims that jeopardy assessments causing inability to hire counsel violate the Sixth Amendment.
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting corporation's claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary", "sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as “immaterial” for purposes of a due process claim any distinction between indigency and “government-imposed” indigency); see also United States v. Marshall, 526 F.2d 1349 (9th Cir.1976) (rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct); United States v. Allied Stevedoring Corp., 138 F.Supp. 555 (S.D.N.Y.1956) (rejecting corporation’s claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary). We similarly reject Caplin & Drysdale’s claim that the Sixth Amendment forbids forfeiture proceedings that render a defendant indigent." }
{ "signal": "see", "identifier": null, "parenthetical": "rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as \"immaterial\" for purposes of a due process claim any distinction between indigency and \"government-imposed\" indigency", "sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as “immaterial” for purposes of a due process claim any distinction between indigency and “government-imposed” indigency); see also United States v. Marshall, 526 F.2d 1349 (9th Cir.1976) (rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct); United States v. Allied Stevedoring Corp., 138 F.Supp. 555 (S.D.N.Y.1956) (rejecting corporation’s claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary). We similarly reject Caplin & Drysdale’s claim that the Sixth Amendment forbids forfeiture proceedings that render a defendant indigent." }
1,773,124
b
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see also", "identifier": "195 Ariz. 13, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see", "identifier": "509 U.S. 620, 620", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
b
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see also", "identifier": "985 P.2d 498, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see", "identifier": "509 U.S. 620, 620", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
b
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see also", "identifier": "195 Ariz. 13, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see", "identifier": "113 S.Ct. 2811, 2811", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
b
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see", "identifier": "113 S.Ct. 2811, 2811", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see also", "identifier": "985 P.2d 498, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
a
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see", "identifier": "125 L.Ed.2d 504, 504", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see also", "identifier": "195 Ariz. 13, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
a
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part to facilitate the commission of the offense." The legislature has thus demonstrated at least some punitive intent by tying forfeiture to racketeering crimes.
{ "signal": "see", "identifier": "125 L.Ed.2d 504, 504", "parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
{ "signal": "see also", "identifier": "985 P.2d 498, ¶ 15", "parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"", "sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress intended it as punishment); see also Leyva, 195 Ariz. 13, ¶ 15, 985 P.2d 498, ¶ 15 (finding forfeiture under § 13-2314 “tied directly to ... criminal offenses”)." }
152,658
a
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the beloved Princess Diana," and were then asked "What does this sentence mean to you?" and "When the sentence refers to charity does any particular charity or organization come to mind?" Id., P 2. Aggregating responses across both questions, only 6.9% of respondents said they thought money was being donated to "a/the Princess Diana fund; the Princess Diana trust fund; the Princess Diana organization; Diana or Princess Diana's/her charity."
{ "signal": "see also", "identifier": "24 U.S.P.Q.2d 1365, 1368", "parenthetical": "6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
{ "signal": "no signal", "identifier": "81 F.3d 455, 467", "parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
1,626,298
b
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the beloved Princess Diana," and were then asked "What does this sentence mean to you?" and "When the sentence refers to charity does any particular charity or organization come to mind?" Id., P 2. Aggregating responses across both questions, only 6.9% of respondents said they thought money was being donated to "a/the Princess Diana fund; the Princess Diana trust fund; the Princess Diana organization; Diana or Princess Diana's/her charity."
{ "signal": "no signal", "identifier": "81 F.3d 455, 467", "parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
{ "signal": "see also", "identifier": null, "parenthetical": "6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
1,626,298
a
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the beloved Princess Diana," and were then asked "What does this sentence mean to you?" and "When the sentence refers to charity does any particular charity or organization come to mind?" Id., P 2. Aggregating responses across both questions, only 6.9% of respondents said they thought money was being donated to "a/the Princess Diana fund; the Princess Diana trust fund; the Princess Diana organization; Diana or Princess Diana's/her charity."
{ "signal": "see also", "identifier": "717 F.2d 352, 358", "parenthetical": "collecting cases and holding 7.6% confusion finding weighs against infringement", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
{ "signal": "no signal", "identifier": "81 F.3d 455, 467", "parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion", "sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided significant degree of actual confusion); see also Visa Int’l Service Ass’n v. Eastern Financial Credit Union, 24 U.S.P.Q.2d 1365, 1368, 1992 WL 138231 (9th Cir.1992) (6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction); Henri’s Food Products Co., Inc. v. Kraft, Inc., 717 F.2d 352, 358 (7th Cir.1983) (collecting cases and holding 7.6% confusion finding weighs against infringement)." }
1,626,298
b
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court.
{ "signal": "see also", "identifier": "474 Pa. 480, 485", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 485, 378 A.2d 1215, 1218 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court); Commonwealth v. Gartner, 475 Pa. 512, 532, 381 A.2d 114, 124 (1977) (POMEROY, J., concurring)." }
{ "signal": "see", "identifier": "474 Pa. 430, 442", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court)." }
1,740,608
b
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court.
{ "signal": "see also", "identifier": "378 A.2d 1215, 1218", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 485, 378 A.2d 1215, 1218 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court); Commonwealth v. Gartner, 475 Pa. 512, 532, 381 A.2d 114, 124 (1977) (POMEROY, J., concurring)." }
{ "signal": "see", "identifier": "474 Pa. 430, 442", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court)." }
1,740,608
b
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court.
{ "signal": "see also", "identifier": "474 Pa. 480, 485", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 485, 378 A.2d 1215, 1218 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court); Commonwealth v. Gartner, 475 Pa. 512, 532, 381 A.2d 114, 124 (1977) (POMEROY, J., concurring)." }
{ "signal": "see", "identifier": "378 A.2d 1189, 1196", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court)." }
1,740,608
b
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court.
{ "signal": "see also", "identifier": "378 A.2d 1215, 1218", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 485, 378 A.2d 1215, 1218 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court); Commonwealth v. Gartner, 475 Pa. 512, 532, 381 A.2d 114, 124 (1977) (POMEROY, J., concurring)." }
{ "signal": "see", "identifier": "378 A.2d 1189, 1196", "parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court", "sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court)." }
1,740,608
b
The critical question to be answered is not whether the use of the land incidentally serves purposes consistent with art. 97, or whether the land displays some attributes of art. 97 land, but whether the land was taken for those purposes, or subsequent to the taking was designated for those purposes in a manner sufficient to invoke the protection of art. 97.
{ "signal": "see also", "identifier": "9 Mass. App. Ct. 871, 872", "parenthetical": "applicability of art. 97 hinged on whether land had in fact been conveyed \"to the conservation commission ... to maintain and preserve it for the use of the public for conservation purposes\"", "sentence": "See also Toro v. Mayor of Revere, 9 Mass. App. Ct. 871, 872 (1980) (applicability of art. 97 hinged on whether land had in fact been conveyed “to the conservation commission ... to maintain and preserve it for the use of the public for conservation purposes”)." }
{ "signal": "see", "identifier": "444 Mass. 502, 508-509", "parenthetical": "art. 97 protections may arise where subsequent to taking for purposes other than art. 97, land is \"specifically designated\" for art. 97 purpose by deed or other recorded restriction", "sentence": "See Selectmen of Hanson v. Lindsay, 444 Mass. 502, 508-509 (2005) (art. 97 protections may arise where subsequent to taking for purposes other than art. 97, land is “specifically designated” for art. 97 purpose by deed or other recorded restriction)." }
4,274,909
b
The franchisees contend that the district court correctly concluded that DAI invoked the judicial process through its affiliates, insisting that the affiliates were DAI's alter egos or at least its agents. This argument brings up an issue we addressed in Lawrence, and which the Second Circuit has addressed in greater detail since -- whether a party can invoke the judicial process if it litigates a non-arbitrable claim against a parly with whom it has arbitrable claims.
{ "signal": "see also", "identifier": "58 F.3d 328, 330", "parenthetical": "holding that a franchisor \"did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues\"", "sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute); Distajo II, 107 F.3d at 132-33 (“only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate”); see also Gingiss Int’l, Inc. v. Bormet, 58 F.3d 328, 330(holding that a franchisor “did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues”)." }
{ "signal": "no signal", "identifier": "833 F.2d 1165, 1165", "parenthetical": "holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute", "sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute); Distajo II, 107 F.3d at 132-33 (“only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate”); see also Gingiss Int’l, Inc. v. Bormet, 58 F.3d 328, 330(holding that a franchisor “did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues”)." }
11,759,518
b
The franchisees contend that the district court correctly concluded that DAI invoked the judicial process through its affiliates, insisting that the affiliates were DAI's alter egos or at least its agents. This argument brings up an issue we addressed in Lawrence, and which the Second Circuit has addressed in greater detail since -- whether a party can invoke the judicial process if it litigates a non-arbitrable claim against a parly with whom it has arbitrable claims.
{ "signal": "see also", "identifier": "58 F.3d 328, 330", "parenthetical": "holding that a franchisor \"did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues\"", "sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute); Distajo II, 107 F.3d at 132-33 (“only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate”); see also Gingiss Int’l, Inc. v. Bormet, 58 F.3d 328, 330(holding that a franchisor “did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues”)." }
{ "signal": "no signal", "identifier": "107 F.3d 132, 132-33", "parenthetical": "\"only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate\"", "sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute); Distajo II, 107 F.3d at 132-33 (“only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate”); see also Gingiss Int’l, Inc. v. Bormet, 58 F.3d 328, 330(holding that a franchisor “did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues”)." }
11,759,518
b
Absent settlement, Pacific Dunlop and Nucleus will likely file additional summary judgment motions on the jurisdictional issues and force class members to present substantive evidence which establishes that the exercise of personal jurisdiction comports with due process. See Sanders v. Robinson Humphrey/American Express, Inc., No. CIV.
{ "signal": "see also", "identifier": "1986 WL 53400, at *5, *7", "parenthetical": "finding impediments to personal jurisdiction weighing in favor of class action settlement", "sentence": "A.1:85-CV-172RLV, 1990 WL 105894, at *3 (N.D.Ga. May 23, 1990) (The fact that “[m]any potentially dispositive threshold issues might bar recovery by \"Class members” weighs heavily in favor of settlement.); see also Eltman v. Grandma Lee’s, Inc., No. 82 CIV.1912, 1986 WL 53400, at *5, *7 (E.D.N.Y. May 28, 1986) (finding impediments to personal jurisdiction weighing in favor of class action settlement)." }
{ "signal": "no signal", "identifier": "1990 WL 105894, at *3", "parenthetical": "The fact that \"[m]any potentially dispositive threshold issues might bar recovery by \"Class members\" weighs heavily in favor of settlement.", "sentence": "A.1:85-CV-172RLV, 1990 WL 105894, at *3 (N.D.Ga. May 23, 1990) (The fact that “[m]any potentially dispositive threshold issues might bar recovery by \"Class members” weighs heavily in favor of settlement.); see also Eltman v. Grandma Lee’s, Inc., No. 82 CIV.1912, 1986 WL 53400, at *5, *7 (E.D.N.Y. May 28, 1986) (finding impediments to personal jurisdiction weighing in favor of class action settlement)." }
11,111,269
b
Appellants' challenges to the show-up identifications as unduly suggestive and unreliable are meritless. Neither the custodial appearance nor the officers' statement that the appellants "matched the descriptions" given by the witnesses rendered the identifications unduly sug gestive.
{ "signal": "see", "identifier": "622 A.2d 667, 672", "parenthetical": "suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs", "sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were told, “We got two guys in the car similar to the ones you told us about”); see Turner v. United States, 622 A.2d 667, 672 (D.C.1993) (suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs); Garris v. United States, 559 A.2d 323, 327 (D.C.1989); Fields v. United States, 484 A.2d 570, 574 (D.C.1984), cert. denied, 471 U.S. 1067, 105 S.Ct. 2144, 85 L.Ed.2d 501 (1985); Washington v. United States, 334 A.2d 185, 186 (D.C.1975) (detective told victim, “We got your man, we think”); Jones v. United States, 277 A.2d 95, 98 (D.C.1971) (suspect was seated in the back of a police car in handcuffs when witness identified him)." }
{ "signal": "no signal", "identifier": "383 A.2d 1064, 1069", "parenthetical": "with suspects seated in police car, witnesses were told, \"We got two guys in the car similar to the ones you told us about\"", "sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were told, “We got two guys in the car similar to the ones you told us about”); see Turner v. United States, 622 A.2d 667, 672 (D.C.1993) (suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs); Garris v. United States, 559 A.2d 323, 327 (D.C.1989); Fields v. United States, 484 A.2d 570, 574 (D.C.1984), cert. denied, 471 U.S. 1067, 105 S.Ct. 2144, 85 L.Ed.2d 501 (1985); Washington v. United States, 334 A.2d 185, 186 (D.C.1975) (detective told victim, “We got your man, we think”); Jones v. United States, 277 A.2d 95, 98 (D.C.1971) (suspect was seated in the back of a police car in handcuffs when witness identified him)." }
11,208,806
b
Appellants' challenges to the show-up identifications as unduly suggestive and unreliable are meritless. Neither the custodial appearance nor the officers' statement that the appellants "matched the descriptions" given by the witnesses rendered the identifications unduly sug gestive.
{ "signal": "see", "identifier": "277 A.2d 95, 98", "parenthetical": "suspect was seated in the back of a police car in handcuffs when witness identified him", "sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were told, “We got two guys in the car similar to the ones you told us about”); see Turner v. United States, 622 A.2d 667, 672 (D.C.1993) (suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs); Garris v. United States, 559 A.2d 323, 327 (D.C.1989); Fields v. United States, 484 A.2d 570, 574 (D.C.1984), cert. denied, 471 U.S. 1067, 105 S.Ct. 2144, 85 L.Ed.2d 501 (1985); Washington v. United States, 334 A.2d 185, 186 (D.C.1975) (detective told victim, “We got your man, we think”); Jones v. United States, 277 A.2d 95, 98 (D.C.1971) (suspect was seated in the back of a police car in handcuffs when witness identified him)." }
{ "signal": "no signal", "identifier": "383 A.2d 1064, 1069", "parenthetical": "with suspects seated in police car, witnesses were told, \"We got two guys in the car similar to the ones you told us about\"", "sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were told, “We got two guys in the car similar to the ones you told us about”); see Turner v. United States, 622 A.2d 667, 672 (D.C.1993) (suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs); Garris v. United States, 559 A.2d 323, 327 (D.C.1989); Fields v. United States, 484 A.2d 570, 574 (D.C.1984), cert. denied, 471 U.S. 1067, 105 S.Ct. 2144, 85 L.Ed.2d 501 (1985); Washington v. United States, 334 A.2d 185, 186 (D.C.1975) (detective told victim, “We got your man, we think”); Jones v. United States, 277 A.2d 95, 98 (D.C.1971) (suspect was seated in the back of a police car in handcuffs when witness identified him)." }
11,208,806
b
Based upon this constitutional provision, no civil action against the State may be sustained absent express authorization from the Tennessee General Assembly. This principle of law has also been recognized by the federal courts.
{ "signal": "see also", "identifier": "101 U.S. 337, 339", "parenthetical": "\"The principle is elementary that a State cannot be sued in its own courts without its consent.\"", "sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state); see also Memphis & C.R. Co. v. State of Tenn., 101 U.S. 337, 339, 25 L.Ed. 960 (1879) (“The principle is elementary that a State cannot be sued in its own courts without its consent.”)." }
{ "signal": "no signal", "identifier": "932 F.2d 555, 564", "parenthetical": "stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state", "sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state); see also Memphis & C.R. Co. v. State of Tenn., 101 U.S. 337, 339, 25 L.Ed. 960 (1879) (“The principle is elementary that a State cannot be sued in its own courts without its consent.”)." }
7,095,237
b
Based upon this constitutional provision, no civil action against the State may be sustained absent express authorization from the Tennessee General Assembly. This principle of law has also been recognized by the federal courts.
{ "signal": "no signal", "identifier": "932 F.2d 555, 564", "parenthetical": "stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state", "sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state); see also Memphis & C.R. Co. v. State of Tenn., 101 U.S. 337, 339, 25 L.Ed. 960 (1879) (“The principle is elementary that a State cannot be sued in its own courts without its consent.”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"The principle is elementary that a State cannot be sued in its own courts without its consent.\"", "sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state); see also Memphis & C.R. Co. v. State of Tenn., 101 U.S. 337, 339, 25 L.Ed. 960 (1879) (“The principle is elementary that a State cannot be sued in its own courts without its consent.”)." }
7,095,237
a
Tr. p. 75-76 (emphases added). Although Engelking may have gamely attempted to minimize the physical pain he felt by stating that his adrenaline was running, the jury was free to infer from Engelking's comments that he was hit "pretty hard" and that "it didn't feel good" that he indeed felt physical pain, thus experiencing bodily injury.
{ "signal": "see also", "identifier": "876 N.E.2d 1139, 1141-42", "parenthetical": "concluding that jury was free to infer that the victim was in fear during robbery despite victim's testimony to the contrary given evidence that robbery happened quickly, victim did not register what was happening at the time, and victim was scared afterward", "sentence": "See Mathis v. State, 859 N.E.2d 1275, 1281 (Ind.Ct.App.2007) (concluding evidence sufficient to support “bodily injury” element of battery where victim testified that the defendant’s actions caused her to “hurt” and “kinda see[] stars for a second”); see also Rickert v. State, 876 N.E.2d 1139, 1141-42 (Ind.Ct.App.2007) (concluding that jury was free to infer that the victim was in fear during robbery despite victim’s testimony to the contrary given evidence that robbery happened quickly, victim did not register what was happening at the time, and victim was scared afterward)." }
{ "signal": "see", "identifier": "859 N.E.2d 1275, 1281", "parenthetical": "concluding evidence sufficient to support \"bodily injury\" element of battery where victim testified that the defendant's actions caused her to \"hurt\" and \"kinda see[] stars for a second\"", "sentence": "See Mathis v. State, 859 N.E.2d 1275, 1281 (Ind.Ct.App.2007) (concluding evidence sufficient to support “bodily injury” element of battery where victim testified that the defendant’s actions caused her to “hurt” and “kinda see[] stars for a second”); see also Rickert v. State, 876 N.E.2d 1139, 1141-42 (Ind.Ct.App.2007) (concluding that jury was free to infer that the victim was in fear during robbery despite victim’s testimony to the contrary given evidence that robbery happened quickly, victim did not register what was happening at the time, and victim was scared afterward)." }
8,210,796
b
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumstances otherwise justify such relief.
{ "signal": "cf.", "identifier": "955 F.2d 996, 996", "parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus", "sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus)." }
{ "signal": "see", "identifier": "474 F.2d 444, 451", "parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis", "sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v. United States, 474 F.2d 444, 451 (D.C.Cir.1972), cert. denied, 412 U.S. 941, 93 S.Ct. 2784, 37 L.Ed.2d 402 (1973) (in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis)." }
7,823,460
b
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumstances otherwise justify such relief.
{ "signal": "see", "identifier": null, "parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis", "sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v. United States, 474 F.2d 444, 451 (D.C.Cir.1972), cert. denied, 412 U.S. 941, 93 S.Ct. 2784, 37 L.Ed.2d 402 (1973) (in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis)." }
{ "signal": "cf.", "identifier": "955 F.2d 996, 996", "parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus", "sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus)." }
7,823,460
a
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumstances otherwise justify such relief.
{ "signal": "cf.", "identifier": "955 F.2d 996, 996", "parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus", "sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus)." }
{ "signal": "see", "identifier": null, "parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis", "sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v. United States, 474 F.2d 444, 451 (D.C.Cir.1972), cert. denied, 412 U.S. 941, 93 S.Ct. 2784, 37 L.Ed.2d 402 (1973) (in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis)." }
7,823,460
b
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumstances otherwise justify such relief.
{ "signal": "cf.", "identifier": "955 F.2d 996, 996", "parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus", "sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus)." }
{ "signal": "see", "identifier": null, "parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis", "sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v. United States, 474 F.2d 444, 451 (D.C.Cir.1972), cert. denied, 412 U.S. 941, 93 S.Ct. 2784, 37 L.Ed.2d 402 (1973) (in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis)." }
7,823,460
b
As assistant coaches and an athletic trainer, Defendants Palladino, Mr. Ducar, Ms. Ducar, and Prentice were not Defendant Dorrance's supervisors and had no authority over his behavior. In the absence of legal control over Defendant Dorrance, these Defendants' reporting omissions cannot be said to have affirmatively caused the alleged deprivation of Plaintiffs' constitutional rights.
{ "signal": "see also", "identifier": "66 F.3d 1402, 1411", "parenthetical": "\"Simply put, White is responsible under SS 1983 for breaching her duty to report Siepert's abuse of Sarah only if state law also empowered her with a right of legal control over Siepert.\"", "sentence": "Therefore, the § 1983, failure-to-report claims against Defendants Palladino, Mr. Ducar, Ms. Ducar, and Prentice must be dismissed. See Reid v. Kayye, 885 F.2d 129, 131-32 (4th Cir.1989) (holding that defendants were not in control and, therefore, were not supervisors and not subject to liability under § 1983); see also Doe v. Rains County Indep. Sch. Dist., 66 F.3d 1402, 1411 (5th Cir.1995) (“Simply put, White is responsible under § 1983 for breaching her duty to report Siepert’s abuse of Sarah only if state law also empowered her with a right of legal control over Siepert.”)." }
{ "signal": "no signal", "identifier": "885 F.2d 129, 131-32", "parenthetical": "holding that defendants were not in control and, therefore, were not supervisors and not subject to liability under SS 1983", "sentence": "Therefore, the § 1983, failure-to-report claims against Defendants Palladino, Mr. Ducar, Ms. Ducar, and Prentice must be dismissed. See Reid v. Kayye, 885 F.2d 129, 131-32 (4th Cir.1989) (holding that defendants were not in control and, therefore, were not supervisors and not subject to liability under § 1983); see also Doe v. Rains County Indep. Sch. Dist., 66 F.3d 1402, 1411 (5th Cir.1995) (“Simply put, White is responsible under § 1983 for breaching her duty to report Siepert’s abuse of Sarah only if state law also empowered her with a right of legal control over Siepert.”)." }
9,325,408
b
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "cf.", "identifier": "68 F.3d 642, 646", "parenthetical": "finding BIA abused its discretion in denying a motion to reopen based on \"extreme hardship,\" where BIA failed to note the \"most salient\" evidence presented by Blanco", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "see", "identifier": "404 F.3d 295, 304", "parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
b
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "see", "identifier": "404 F.3d 295, 304", "parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "cf.", "identifier": null, "parenthetical": "vacating and remanding denial of asylum for failure to consider country conditions report", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
a
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "cf.", "identifier": "395 F.3d 622, 625", "parenthetical": "vacating and remanding denial of Convention Against Torture relief where BIA's opinion \"fail[ed] to give adequate consideration to the country conditions in Iran\"", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "see", "identifier": "404 F.3d 295, 304", "parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
b
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "see", "identifier": "230 F.3d 902, 907", "parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "cf.", "identifier": "68 F.3d 642, 646", "parenthetical": "finding BIA abused its discretion in denying a motion to reopen based on \"extreme hardship,\" where BIA failed to note the \"most salient\" evidence presented by Blanco", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
a
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "see", "identifier": "230 F.3d 902, 907", "parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "cf.", "identifier": null, "parenthetical": "vacating and remanding denial of asylum for failure to consider country conditions report", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
a
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
{ "signal": "see", "identifier": "230 F.3d 902, 907", "parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
{ "signal": "cf.", "identifier": "395 F.3d 622, 625", "parenthetical": "vacating and remanding denial of Convention Against Torture relief where BIA's opinion \"fail[ed] to give adequate consideration to the country conditions in Iran\"", "sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”)." }
8,934,190
a
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court.
{ "signal": "see", "identifier": "864 F.2d 44, 46", "parenthetical": "\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.\"", "sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) (\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.”); Mod. Rules Prof. Cond. § 3.1 (\"A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.”); In re Zohdy, 892 So.2d 1277 (La. 2005) (lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical). Courts may wish to consider an attorney’s disregard for these duties in determining whether the attorney's acceptance of payment pursuant to his client’s fraudulent claim was in good faith." }
{ "signal": "cf.", "identifier": null, "parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment", "sentence": "Cf. Excel Corp. v. Jimenez, 269 Kan. 291, 7 P.3d 1118, 1126 (2000) (an attorney’s status as an officer of the court \"places him on a different legal footing,” and the court could not approve the retention of an attorney’s fees where the client was guilty of fraudulent conduct in procuring the judgment)." }
12,177,010
a
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court.
{ "signal": "cf.", "identifier": "7 P.3d 1118, 1126", "parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment", "sentence": "Cf. Excel Corp. v. Jimenez, 269 Kan. 291, 7 P.3d 1118, 1126 (2000) (an attorney’s status as an officer of the court \"places him on a different legal footing,” and the court could not approve the retention of an attorney’s fees where the client was guilty of fraudulent conduct in procuring the judgment)." }
{ "signal": "see", "identifier": "864 F.2d 44, 46", "parenthetical": "\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.\"", "sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) (\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.”); Mod. Rules Prof. Cond. § 3.1 (\"A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.”); In re Zohdy, 892 So.2d 1277 (La. 2005) (lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical). Courts may wish to consider an attorney’s disregard for these duties in determining whether the attorney's acceptance of payment pursuant to his client’s fraudulent claim was in good faith." }
12,177,010
b
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court.
{ "signal": "cf.", "identifier": null, "parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment", "sentence": "Cf. Excel Corp. v. Jimenez, 269 Kan. 291, 7 P.3d 1118, 1126 (2000) (an attorney’s status as an officer of the court \"places him on a different legal footing,” and the court could not approve the retention of an attorney’s fees where the client was guilty of fraudulent conduct in procuring the judgment)." }
{ "signal": "see", "identifier": null, "parenthetical": "lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical", "sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) (\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.”); Mod. Rules Prof. Cond. § 3.1 (\"A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.”); In re Zohdy, 892 So.2d 1277 (La. 2005) (lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical). Courts may wish to consider an attorney’s disregard for these duties in determining whether the attorney's acceptance of payment pursuant to his client’s fraudulent claim was in good faith." }
12,177,010
b
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court.
{ "signal": "see", "identifier": null, "parenthetical": "lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical", "sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) (\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.”); Mod. Rules Prof. Cond. § 3.1 (\"A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.”); In re Zohdy, 892 So.2d 1277 (La. 2005) (lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical). Courts may wish to consider an attorney’s disregard for these duties in determining whether the attorney's acceptance of payment pursuant to his client’s fraudulent claim was in good faith." }
{ "signal": "cf.", "identifier": "7 P.3d 1118, 1126", "parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment", "sentence": "Cf. Excel Corp. v. Jimenez, 269 Kan. 291, 7 P.3d 1118, 1126 (2000) (an attorney’s status as an officer of the court \"places him on a different legal footing,” and the court could not approve the retention of an attorney’s fees where the client was guilty of fraudulent conduct in procuring the judgment)." }
12,177,010
a
Instead he asserts a broader claim -- that the Second Amendment protects an individual's right to openly carry a handgun on a public sidewalk. Neither the parties nor my own research has identified any case in which the Second Amendment was held to cover such a right. Instead, several appellate courts have expressly declined to hold this right exists.
{ "signal": "see also", "identifier": "695 F.3d 577, 581-82", "parenthetical": "\"No court has held that the Second Amendment encompasses a right to bear arms within state parks.\"", "sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home”); see also Embody v. Ward, 695 F.3d 577, 581-82 (6th Cir.2012) (“No court has held that the Second Amendment encompasses a right to bear arms within state parks.”); United States v. Masciandaro, 638 F.3d 458, 475 (4th Cir.2011) (“On the question of Heller’s applicability outside of the home environment, we think it prudent to await direction from the Court itself.”); and Gonzalez v. Village of West Milwaukee, 671 F.3d 649, 659 (7th Cir.2012) (“Whatever ..." }
{ "signal": "see", "identifier": "724 F.3d 426, 430-31", "parenthetical": "declining to \"definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home\"", "sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home”); see also Embody v. Ward, 695 F.3d 577, 581-82 (6th Cir.2012) (“No court has held that the Second Amendment encompasses a right to bear arms within state parks.”); United States v. Masciandaro, 638 F.3d 458, 475 (4th Cir.2011) (“On the question of Heller’s applicability outside of the home environment, we think it prudent to await direction from the Court itself.”); and Gonzalez v. Village of West Milwaukee, 671 F.3d 649, 659 (7th Cir.2012) (“Whatever ..." }
4,126,468
b
Instead he asserts a broader claim -- that the Second Amendment protects an individual's right to openly carry a handgun on a public sidewalk. Neither the parties nor my own research has identified any case in which the Second Amendment was held to cover such a right. Instead, several appellate courts have expressly declined to hold this right exists.
{ "signal": "see also", "identifier": "638 F.3d 458, 475", "parenthetical": "\"On the question of Heller's applicability outside of the home environment, we think it prudent to await direction from the Court itself.\"", "sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home”); see also Embody v. Ward, 695 F.3d 577, 581-82 (6th Cir.2012) (“No court has held that the Second Amendment encompasses a right to bear arms within state parks.”); United States v. Masciandaro, 638 F.3d 458, 475 (4th Cir.2011) (“On the question of Heller’s applicability outside of the home environment, we think it prudent to await direction from the Court itself.”); and Gonzalez v. Village of West Milwaukee, 671 F.3d 649, 659 (7th Cir.2012) (“Whatever ..." }
{ "signal": "see", "identifier": "724 F.3d 426, 430-31", "parenthetical": "declining to \"definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home\"", "sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home”); see also Embody v. Ward, 695 F.3d 577, 581-82 (6th Cir.2012) (“No court has held that the Second Amendment encompasses a right to bear arms within state parks.”); United States v. Masciandaro, 638 F.3d 458, 475 (4th Cir.2011) (“On the question of Heller’s applicability outside of the home environment, we think it prudent to await direction from the Court itself.”); and Gonzalez v. Village of West Milwaukee, 671 F.3d 649, 659 (7th Cir.2012) (“Whatever ..." }
4,126,468
b
However, by introducing the prior inconsistent statement in the child's letter, defense counsel necessarily implied a separate charge of recent fabrication: defense counsel was impliedly asserting that the statement in the letter was true and the testimony at trial was fabricated more recently than the statement in the letter. Hence, while the statement to the detective was made after the original improper motive allegedly arose, it could properly be admitted under CRE 801(d)(1)(B) because it was made before the child made the statement in the letter, and it rebutted the separate implied charge of a deliberate fabrication more recent than the prior inconsistent statement.
{ "signal": "see also", "identifier": null, "parenthetical": "prior consistent statement admissible if made before prior inconsistent statement that was subject of cross-examination", "sentence": "See State v. Boobar, 637 A.2d 1162 (Me.1994)(reeent fabrication and improper influence are wholly separate motives and each is an independent ground for admission of a prior consistent statement); see also State v. Sullivan, 925 S.W.2d 483 (Mo.App.1996)(prior consistent statement admissible if made before prior inconsistent statement that was subject of cross-examination); but see Commonwealth v. Lareau, 37 Mass.App.Ct. 679, 642 N.E.2d 308 (1994)." }
{ "signal": "see", "identifier": null, "parenthetical": "reeent fabrication and improper influence are wholly separate motives and each is an independent ground for admission of a prior consistent statement", "sentence": "See State v. Boobar, 637 A.2d 1162 (Me.1994)(reeent fabrication and improper influence are wholly separate motives and each is an independent ground for admission of a prior consistent statement); see also State v. Sullivan, 925 S.W.2d 483 (Mo.App.1996)(prior consistent statement admissible if made before prior inconsistent statement that was subject of cross-examination); but see Commonwealth v. Lareau, 37 Mass.App.Ct. 679, 642 N.E.2d 308 (1994)." }
11,874,333
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": "451 U.S. 477, 485-86", "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": null, "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
a
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see also", "identifier": "423 U.S. 96, 112-13, 116-17", "parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
a
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": null, "parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
a
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see", "identifier": "384 U.S. 466, 466", "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see also", "identifier": "757 F.Supp. 259, 264", "parenthetical": "\"[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
a
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": "451 U.S. 477, 485-86", "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": null, "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": null, "parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings.
{ "signal": "see also", "identifier": "423 U.S. 96, 112-13, 116-17", "parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"", "sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].”); see also Edwards v. Arizona, 451 U.S. 477, 485-86, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (“The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.”); Michigan v. Mosley, 423 U.S. 96, 112-13, 116-17, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (“Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alternative”); United States v. Guariglia, 757 F.Supp. 259, 264 (S.D.N.Y.1991) (“[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.”); Com. v. Simon, 456 Mass. 280, 923 N.E.2d 58, 67 (2010), cert. denied, — U.S.-, 131 S.Ct. 181, 178 L.Ed.2d 108 (2010)." }
3,997,938
b