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Case • 2003
inquiry. The more pertinent inquiry is what the legislature meant when it stated that all 'valuable personal property . . . shall be delivered to them.' RCW 72.02.045(3). [30] Delivery may be actual ...
Case • 2001
cannot determine, as a matter of law, what predicate facts exist to decide whether or not the officer's conduct clearly violated established law. Arnott v. Mataya, 995 F.2d 121, 124 (8 th Cir.1993). Cf ...
Case • 2001
to protect our clients' interest." The article also appropriately noted, "This week's court filings provided the details of what would have remained a confidential settlement agreement reached during mediation ...
Case • 2003
, for the purpose of probing the accuracy of the charge, he was denied what every litigant is due. Here also, the hearing examiner failed to meet the requirements of governing regulations in denying that litigation ...
Case • 2000
the defendant violated the plaintiff's constitutional rights and whether the actions of the defendant were reasonable. Id. at 800. The jury returned what appeared to be an irreconcilable verdict--finding ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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