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Abed v. Armstrong-209 F.3d 63 (2nd Cir. 2000)
Case • 2000
when the legislature increases punishment beyond what was prescribed when the crime was consummated." Id. (quoting Weaver v. Graham, 450 U.S. 24, 30 (1981)). [19] "Although the 'presumption ...
In Re McVay-993 P.2d 267 (Wash. App. Div. I, 1999)
Case • 1999
sentence, he is under restraint. It is too speculative as to what the ISRB will do. We accept McVay's PRP as a possible restraint in view of his serious infraction conviction. Having accepted the PRP, we ...
Bradley v. Puckett-157 F.3d 1022 (5th Cir. 1998)
Case • 1998
. at 826. Bradley's complaint must be measured in light of his personal disability, which rendered it especially risky for him to fulfill a basic human need. Id. [25] It is unclear on what basis ...
Gordon v. Faber-800 F. Supp. 793 & 797 (ND IA 1992)
Case • 1992
. 2d 271, 111 S. Ct. 2321, 59 U.S.L.W. 4671, 4673 (1991). The determination of what constitutes cruel and unusual punishment [**7] depends upon evolving standards of decency. Gregg v. Georgia, 428 U.S ...
Harper v. Showers-174 F.3d 716 (5th Cir. 1999)
Case • 1999
Eason has signed what is entitled the "Appellants' Brief," he did not file a notice of appeal, so he is not an appellant, and we do not consider his arguments. [30] *fn2. Neither the magistrate ...
Cochrane v. Quattrochi-949 F.2d 11 (1st Cir. 1991)
Case • 1991
)). "In deciding to what standard of reasonableness prison officials strip searching visitors should be held, we must balance the official interest in maintaining security against the intrusion entailed by a strip ...
Preston Glove Co. Inc. v. Bentsen-845 F.Supp 401 (ND Miss 1994)
Case • 1994
that [**10] a particular result would be unreasonable may enter into the construction of ambiguous provisions, but cannot justify disregard of what [*404] Congress has plainly and intentionally provided ...
Hake v. Clarke-91 F.3d 1129 (8th Cir. 1996)
Case • 1996
his due process claim. *fn2 Appellees, in what is their first involvement in the case, argue that the Manual's provisions do not contain language which satisfies the two elements necessary ...
Robbins v. Doe-994 F. Supp. 214 (SD NY 1990)
Case • 1990
transform what might otherwise be a valid regulatory measure into one that is punitive regardless of Congress' stated intentions.") The Due Process clause is implicated by extended pretrial detention because ...
Dowling v. Hannigan-968 F. Supp. 610 (D KS 1997)
Case • 1997
what he thought to be all of the inmates exit B1-Cellhouse into the Rotunda. He then walked to the officer's station and heard an inmate behind him asking for Tylenol. He turned around to realize ...
Sargeant v. Dixon-130 F.3d 1067 (DC Cir. 1997)
Case • 1997
several other individuals; and (3) a conspiracy within Prison Industries, Inc. to violate various laws. Mohwish sent these allegations to the Office of the Attorney General, along with two books of what ...
In Re Andress-56 P.3d 981, 147 Wn.2d 602 (Wash. 2002)
Case • 2002
be the predicate for felony murder{,}") (citing Wayne R. LaFave & Auston W. Scott Jr., Substantive Criminal law, sec. 7.5(g)(1) (2002)). What the State fails to note is that the same treatise cited by the State ...
Clifford v. Gibbs-298 F.3d 328 (5th Cir. 2002)
Case • 2002
-to-exhaust] rationale." [19] The law-of-the-case doctrine "expresses the practice of courts generally to refuse to reopen what has been decided." United States v. Lawrence, 179 F.3d 343, 351 (5th Cir ...
United States v. Hayes-385 F.3d 1226 (9th Cir. 2004).
Case • 2004
is not sound, given the vacation of the judgment. FN8. We need not decide what rights, if any, the defendant might have against third parties with regard to any restitution payments those parties may have ...
Rivera v. State-727 So.2d 609 (La.App. 1 Cir. 1998)
Case • 1998
", [**8] which resulted in forfeiture of 150 days good time, constitute one penalty. However, the Rules clearly establish what penalties are available. Referral to "Special Court" is not an available ...
Gaston v. Coughlin-102 F.Supp.2d 81 (ND NY 2000)
Case • 2000
what [**4] may seem to be a clear error of law is in fact simply a point of disagreement between the Court and the litigant." In re C-TC 9th Ave. Partnership, 182 B.R. at 3. II. Discussion The Court ...
United States v. Green-202 F.3d 869 (6th Cir. 2000)
Case • 2000
clearly recruited other inmates to join in the riot and directed them what to do. Thus, the district court did not err in enhancing Walters's sentence under U.S.S.G § 3B1.1. [28] The next issue ...
Miller v. Kennebec County-219 F.3d 8 (1st Cir. 2000)
Case • 2000
given to Davis by Assistant District Attorney Mitchell. Because there is no evidence as to just what advice was given or that Mitchell had the authority to act as a policy maker for the County, the claim ...
Huizar v. Carey-273 F.3d 1220 (9th Cir. 2001)
Case • 2001
petition, he wrote to the court----but heard nothing back. A private party, especially a prisoner, will be at a loss for what to do, other than wait, if a court fails to respond to such an inquiry. So Huizar ...
Gitten v. Sulliven-720 F. Supp. 40 (SD NY 1989)
Case • 1989
this request on the ground that he knew what the substance of Jackson's testimony would be because he had previously heard the same testimony at Fludd's hearing. See id. at para. 7. Plaintiff now alleges ...
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