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Shabazz v. Garry-123 F.3d 909 (6th Cir. 1997)
Case • 1997
] Analyzing ex post facto challenges after Morales presents some problems. While it is clear that we must apply Morales's "sufficient risk" test, it is less clear what factors are determinative. Although ...
In Re Personal Restraint of King-146 Wn.2d 658, 49 P.3d 854 (Wash. 2002)
Case • 2002
statute's language superfluous). The Department cannot save its policy by qualifying an unambiguous mandate. [27] 'Courts should assume the Legislature means exactly what it says.' Berger v. Sonneland ...
Ingram v. Scott-WL 795869 (Tex.App. - Austin, 2000)
Case • 2000
such that it is clear to a reasonable person exactly what that procedure is." [49] A writ of mandamus is an extraordinary remedy and will issue to compel a public official to perform a non-discretionary act. See ...
Torrence v. Pelkey-164 F.Supp.2d 264 (D CT 2001)
Case • 2001
that this definition "is the best indication of what Congress intended when it used the term 'action . . . with respect to prison conditions' in § 1997e(a)." Moore v. Smith, 18 F. Supp. 2d 1360, 1363 (N.D. Ga. 1998 ...
Lapides v. Board of Regents-122 S.Ct. 1640 (2002)
Case • 2002
will prove confusing, for States will have to guess what conduct might be deemed a waiver in order to avoid accidental waivers. But we believe the rule is a clear one, easily applied by both federal courts ...
Abdul-Samad v. Grienier-158 F.Supp.2d 307 (SD NY 2001)
Case • 2001
(1982). A right is "clearly established" if "the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v ...
People v. Nicholson-123 Cal. App. 4th 823 (2004).
Case • 2004
, 16 L.Ed.2d 694). Appellant told Kempf that on July 30 he appeared for an appointment at the parole office. While he was being escorted down the hallway for what he believed was a urine test, numerous ...
Blackmore v. Kalamazoo County-390 F.3d 890 (6th Cir. 2004).
Case • 2004
, and that the need was not addressed within a reasonable time frame. This is precisely what occurred here--after Blackmore suffered for two days, making unrelenting complaints and vomiting, a nurse identified ...
In Re Crane-7 P.3d 285 Kansas (2000)
Case • 2000
is exactly what the sentence should have been anyway,' or, in the words of a Kansas task force member, 'SO BE IT.' [Citation omitted.] [***22] The point, however, is not how long Hendricks and others like him ...
United States v. El-Hage-213 F.3d 74 (2nd Cir. 2000)
Case • 2000
), the Supreme Court clarified what standard of review governs inmates' constitutional claims. To determine whether a prison regulation "burdens fundamental rights," the reviewing court asks whether the regulation ...
Abdul-Alazim v. Superintendent-778 N.E.2d 946 (Mass.App. 2002)
Case • 2002
mirrors what our Supreme Judicial Court decided in Desilets.) However, at least as applied to the States, the RFRA's tenure was abbreviated. Four years after the enactment of RFRA, in Boerne v. Flores, 521 ...
Payton v. County of Kane-308 F.3d 673 (7th Cir. 2002)
Case • 2002
that what the district court meant to say was that the plaintiffs lacked "standing" to bring a class action. However, putting to one side the problem inherent in conflating the standing inquiry ...
Lyons v. Mendez-303 F.3d 285 (3rd Cir. 2002)
Case • 2002
was in effect, the Commission was authorized to set dates outside of the guideline range. This determination, in turn, depends upon the answer to the following deceptively simple question: on what date did ...
Webb v. Ada County-285 F.3d 829 (9th Cir. 2002)
Case • 2002
counsel in each district, not to what might be paid in the future. " We disagree. The PLRA expressly provides for payment at the rate"established" under 18 U.S.C. § 3006A. 42 U.S.C.§ 1997e(d)(3 ...
May v. McNally-55 P.3d 768 (Ariz. 2002)
Case • 2002
was to facilitate "the free and open exchange of ideas by, and among, students," the Court reasoned that "asking what speech is germane would be contrary to the very goal the University seeks to pursue." Id. at 229 ...
Malik v. Brown-65 F.3d 148 (9th Cir. 1995)
Case • 1995
be "sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). It is not necessary ...
Ferreira v. Duval-887 F. Supp. 374 (D M 1995)
Case • 1995
witness to testify other than Ferreira himself: MR. SHERWIN: You've heard [Ferreira's] testimony, is there anything of what he said that you would -- that you would disagree with as far as the account ...
Daugherty v. Campbell-33 F.3d 554 (6th Cir. 1994)
Case • 1994
and reached in to retrieve the gun. Id. at 144-45. The officer did not "corroborate" anything before conducting the search, he simply acted on what he had been told. The Court, in upholding the search ...
Cort v. Crabtree-113 F.3d 1081 (9th Cir. 1997)
Case • 1997
jurisprudence" and "embodies a legal doctrine centuries older than our Republic": "Elementary considerations of fairness dictate that individuals should have an opportunity to know what the law is and to conform ...
Williams v. State-707 S.W.2d 40 (Tex.Cr.App. 1986).
Case • 1986
, and broadly speaking, the legislative power prescribes what the law shall be in future cases arising under it, it creates the law; the executive power executes the law and discharges and fulfills the duties ...
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