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Case • 2005
counsel under 64.01(c). The statute requires that the sworn affidavit contain a statement of facts in support of the motion, but it does not specify what facts must be included. See Code of Criminal ...
Case • 1984
detailed pages, the Stipulated Modification spelled out precisely what inmates may or may not do in a way that the one page provision of the original decree did not. On April 21, 1982, the district court ...
Case • 1987
because of the passage of what is known as the "seven deadly sins" statute. The state contends that this statute precludes inmates convicted of the offenses listed in KRS 197.140 from being classified ...
Case • 1979
. However, it should be apparent that a mere subjective belief that the petitioner might attempt to escape is not enough to warrant her being placed in what amounts to solitary confinement. The evidence ...
Case • 1978
anything other than what they were hired to do, that is, determine when prisoners are to be paroled (Burgdorf v. Funder, 246 Cal. App. 2d 443, 448 [54 Cal. Rptr. 805]). [17] In his second cause ...
Case • 1972
regulations his Fourth Class Medical classification -- which is to the prison system what 4-F is to the military -- absolutely prohibits TDC officials from ordering him to perform work in the field ...
Case • 2000
, or property' is not in itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process of law. [Citations omitted.] The constitutional violation actionable under ...
Case • 2002
charges are dealt with and we see what the situation is then we can think about what to do about that." [18] ¶6 Michael filed a notice of appeal from that ruling, but later withdrew the appeal ...
Case • 2004
. at 489. The lack of a written statement is not fatal if the trial court indicates, on the record, what evidence it relied upon. Nelson, 103 Wn.2d at 767. The only evidence presented at Robinson's hearing ...
Case • 2003
) (emphasis added). 'What claims of creditors are valid and subsisting obligations against the bankrupt at the time a petition in bankruptcy is filed is a question which, in the absence of overruling federal ...
Case • 2002
the interest served, consider whether the connection between the policy and the interest is obvious or attenuated -- and, thus, to what extent some foundation or evidentiary showing is necessary -- and, in light ...
Case • 2004
. Under the headings "Statement of Claim" and "Relief," Warren complained about the Youngstown facility and what happened to him there and alleged that the District of Columbia "knew or should have known ...
Case • 2004
that these very precise and specific statutes regarding meal allowances and collecting judgments arising from tax warrants direct what a sheriff might receive in the form of compensation in addition to the salary ...
Case • 2001
modern prisons and on a larger scale. Modern prisons are designed with large opens spaces such as multi-purpose rooms, day rooms, gymnasiums, chapels, law libraries, meeting rooms, and what is termed ...
Case • 2003
in the first instance whether or what sanctions should be imposed on Ashby for other discovery violations and, thus, we remand for further consideration of the matter. See Orner v. Shalala, 30 F.3d 1307, 1309-10 ...
Case • 2003
it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. Stated another way ...
Case • 2003
pursuant to Labor Code Section 4453, the applicant will receive the lesser which is a compensation rate of $126 per week." The WCJ's stated objective, adopted by the Board, was to predict what Stentz's ...
Case • 2003
Releasing Petitioner Is Appropriate Respondent's Motion to Amend is, in effect, a request for this Court to reconsider the Ninth Circuit's mandate. This Court is without authority to disregard what it has ...
Case • 1998
employees and other employees will be determined solely on the status of the WR em-ployees while in the employee relationship and not on what ultimate control the WR employees may be subjected to by prison ...
Case • 1998
particularized sense such that the contours of the right are sufficiently clear that a reasonable official would understand that what he is doing violates that right. See Pierce v. Smith, 117 F.3d 866, 871 (5th ...
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