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The existence vel non of a credible threat of prosecution, critical to the injury-in-fact requirement for standing, factors into both branches of the ripeness equation. This is as it should be, for the reasonableness of the fear of enforcement is at the core of both standing and ripeness. | {
"signal": "see also",
"identifier": "145 F.3d 1240, 1244-45",
"parenthetical": "considering ripeness and standing together in respect to a pre-enforcement challenge",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.\"",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | 1,753,234 | b |
The existence vel non of a credible threat of prosecution, critical to the injury-in-fact requirement for standing, factors into both branches of the ripeness equation. This is as it should be, for the reasonableness of the fear of enforcement is at the core of both standing and ripeness. | {
"signal": "see also",
"identifier": "145 F.3d 1240, 1244-45",
"parenthetical": "considering ripeness and standing together in respect to a pre-enforcement challenge",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.\"",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | 1,753,234 | b |
The existence vel non of a credible threat of prosecution, critical to the injury-in-fact requirement for standing, factors into both branches of the ripeness equation. This is as it should be, for the reasonableness of the fear of enforcement is at the core of both standing and ripeness. | {
"signal": "see also",
"identifier": "145 F.3d 1240, 1244-45",
"parenthetical": "considering ripeness and standing together in respect to a pre-enforcement challenge",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.\"",
"sentence": "See Adult Video Ass’n v. Barr, 960 F.2d 781, 786 (9th Cir.1992) (“Our conclusion that a reasonable threat of prosecution exists, for purposes of standing, effectively dispenses with any ripeness problem.”), vacated, 509 U.S. 917, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993), reinstated in relevant part, 41 F.3d 503 (9th Cir.1994); see also Socialist Workers Party v. Leahy, 145 F.3d 1240, 1244-45 (11th Cir.1998) (considering ripeness and standing together in respect to a pre-enforcement challenge)."
} | 1,753,234 | b |
Moreover, neither the Supreme Court in Actavis nor this Court in King Drug Co. required such detailed allegations at the pleading stage. The complaint in Actavis simply alleged that the. patentee paid various sums of money to generic manufacturers to induce them to delay their entry into the paten-tee's pharmaceutical drug market. | {
"signal": "see also",
"identifier": "814 F.3d 552, 552",
"parenthetical": "\"[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.\"",
"sentence": "King Drug Co., 791 F.3d at 410. The facts alleged by Effe-xor plaintiffs similarly, and thus plausibly, allege that Wyeth leveraged its extremely valuable promise not to enter the generic market with an authorized generic in exchange for Teva’s promise to delay entry into the Effexor XR market. See King Drug Co., 791 F.3d at 409 (allegations that patentee “sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement” sufficiently stated a claim “under Twombly and Iqbal for violation of the Sherman Act”); see also Loestrin, 814 F.3d at 552 (“[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.”)."
} | {
"signal": "no signal",
"identifier": "791 F.3d 410, 410",
"parenthetical": "allegations that patentee \"sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement\" sufficiently stated a claim \"under Twombly and Iqbal for violation of the Sherman Act\"",
"sentence": "King Drug Co., 791 F.3d at 410. The facts alleged by Effe-xor plaintiffs similarly, and thus plausibly, allege that Wyeth leveraged its extremely valuable promise not to enter the generic market with an authorized generic in exchange for Teva’s promise to delay entry into the Effexor XR market. See King Drug Co., 791 F.3d at 409 (allegations that patentee “sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement” sufficiently stated a claim “under Twombly and Iqbal for violation of the Sherman Act”); see also Loestrin, 814 F.3d at 552 (“[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.”)."
} | 12,264,146 | b |
Moreover, neither the Supreme Court in Actavis nor this Court in King Drug Co. required such detailed allegations at the pleading stage. The complaint in Actavis simply alleged that the. patentee paid various sums of money to generic manufacturers to induce them to delay their entry into the paten-tee's pharmaceutical drug market. | {
"signal": "see also",
"identifier": "814 F.3d 552, 552",
"parenthetical": "\"[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.\"",
"sentence": "King Drug Co., 791 F.3d at 410. The facts alleged by Effe-xor plaintiffs similarly, and thus plausibly, allege that Wyeth leveraged its extremely valuable promise not to enter the generic market with an authorized generic in exchange for Teva’s promise to delay entry into the Effexor XR market. See King Drug Co., 791 F.3d at 409 (allegations that patentee “sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement” sufficiently stated a claim “under Twombly and Iqbal for violation of the Sherman Act”); see also Loestrin, 814 F.3d at 552 (“[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.”)."
} | {
"signal": "no signal",
"identifier": "791 F.3d 409, 409",
"parenthetical": "allegations that patentee \"sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement\" sufficiently stated a claim \"under Twombly and Iqbal for violation of the Sherman Act\"",
"sentence": "King Drug Co., 791 F.3d at 410. The facts alleged by Effe-xor plaintiffs similarly, and thus plausibly, allege that Wyeth leveraged its extremely valuable promise not to enter the generic market with an authorized generic in exchange for Teva’s promise to delay entry into the Effexor XR market. See King Drug Co., 791 F.3d at 409 (allegations that patentee “sought to induce [the generic manufacturer] to delay its entry into the [relevant pharmaceutical drug] market by way of an unjustified no-AG agreement” sufficiently stated a claim “under Twombly and Iqbal for violation of the Sherman Act”); see also Loestrin, 814 F.3d at 552 (“[Pllaintiffs must allege facts sufficient to support the legal conclusion that the settlement at issue involves a large and unjustified reverse payment under Actavis.”)."
} | 12,264,146 | b |
Thus, while the judge found Green guilty of the drug and ammunition charges, and also of the assault and battery charge based on the March 5 incident, the judge found Green not guilty of the additional assault and battery charge and also of the threat charge. Such discernment by the factfinder in assessing the evidence is a strong indication that a misjoinder of offenses has not resulted in any actual prejudice to the defendant. | {
"signal": "see also",
"identifier": "82 F.3d 499, 504",
"parenthetical": "jury's acquittal on some of several counts suggests that the jury was not confused by joinder",
"sentence": "See also United States v. Edgar, 82 F.3d 499, 504 (1st Cir.), cert, denied, 519 U.S. 870 (1996) (jury’s acquittal on some of several counts suggests that the jury was not confused by joinder)."
} | {
"signal": "see",
"identifier": "425 Mass. 587, 595",
"parenthetical": "defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged",
"sentence": "See Commonwealth v. Delaney, 425 Mass. 587, 595 (1997), cert, denied, 522 U.S. 1058 (1998) (defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged)."
} | 1,011,068 | b |
Thus, while the judge found Green guilty of the drug and ammunition charges, and also of the assault and battery charge based on the March 5 incident, the judge found Green not guilty of the additional assault and battery charge and also of the threat charge. Such discernment by the factfinder in assessing the evidence is a strong indication that a misjoinder of offenses has not resulted in any actual prejudice to the defendant. | {
"signal": "see",
"identifier": "425 Mass. 587, 595",
"parenthetical": "defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged",
"sentence": "See Commonwealth v. Delaney, 425 Mass. 587, 595 (1997), cert, denied, 522 U.S. 1058 (1998) (defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury's acquittal on some of several counts suggests that the jury was not confused by joinder",
"sentence": "See also United States v. Edgar, 82 F.3d 499, 504 (1st Cir.), cert, denied, 519 U.S. 870 (1996) (jury’s acquittal on some of several counts suggests that the jury was not confused by joinder)."
} | 1,011,068 | a |
Thus, while the judge found Green guilty of the drug and ammunition charges, and also of the assault and battery charge based on the March 5 incident, the judge found Green not guilty of the additional assault and battery charge and also of the threat charge. Such discernment by the factfinder in assessing the evidence is a strong indication that a misjoinder of offenses has not resulted in any actual prejudice to the defendant. | {
"signal": "see also",
"identifier": "82 F.3d 499, 504",
"parenthetical": "jury's acquittal on some of several counts suggests that the jury was not confused by joinder",
"sentence": "See also United States v. Edgar, 82 F.3d 499, 504 (1st Cir.), cert, denied, 519 U.S. 870 (1996) (jury’s acquittal on some of several counts suggests that the jury was not confused by joinder)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged",
"sentence": "See Commonwealth v. Delaney, 425 Mass. 587, 595 (1997), cert, denied, 522 U.S. 1058 (1998) (defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged)."
} | 1,011,068 | b |
Thus, while the judge found Green guilty of the drug and ammunition charges, and also of the assault and battery charge based on the March 5 incident, the judge found Green not guilty of the additional assault and battery charge and also of the threat charge. Such discernment by the factfinder in assessing the evidence is a strong indication that a misjoinder of offenses has not resulted in any actual prejudice to the defendant. | {
"signal": "see also",
"identifier": null,
"parenthetical": "jury's acquittal on some of several counts suggests that the jury was not confused by joinder",
"sentence": "See also United States v. Edgar, 82 F.3d 499, 504 (1st Cir.), cert, denied, 519 U.S. 870 (1996) (jury’s acquittal on some of several counts suggests that the jury was not confused by joinder)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged",
"sentence": "See Commonwealth v. Delaney, 425 Mass. 587, 595 (1997), cert, denied, 522 U.S. 1058 (1998) (defendant had not been prejudiced by joinder of offenses for trial where it was clear from not guilty verdicts on some of the charges that the jury had carefully considered the evidence with respect to each crime charged)."
} | 1,011,068 | b |
Although the conduct of Brigian's retained attorney was egregious and Brigian's inability to obtain his court records is unfortunate, it is far from clear whether either situation would constitute an ex traordinary circumstance sufficient to satisfy the first prong of the analysis. | {
"signal": "see",
"identifier": "273 F.3d 138, 138",
"parenthetical": "\"[Attorney error [is] inadequate to create the 'extraordinary1 circumstances equitable tolling requires.\"",
"sentence": "See Smaldone, 273 F.3d at 138 (“[Attorney error [is] inadequate to create the ‘extraordinary1 circumstances equitable tolling requires.”); Davis v. McCoy, No. 00 Civ. 1681, 2000 WL 973752, at *2 (S.D.N.Y. July 14, 2000) (holding that inability to obtain court documents did not constitute “extraordinary circumstance”)."
} | {
"signal": "but see",
"identifier": "224 F.3d 133, 133-34",
"parenthetical": "finding that intentional confiscation of petitioner's legal papers by corrections officer constituted an \"extraordinary\" circumstance",
"sentence": "But see Valverde, 224 F.3d at 133-34 (finding that intentional confiscation of petitioner’s legal papers by corrections officer constituted an “extraordinary” circumstance)."
} | 160,410 | a |
Although the conduct of Brigian's retained attorney was egregious and Brigian's inability to obtain his court records is unfortunate, it is far from clear whether either situation would constitute an ex traordinary circumstance sufficient to satisfy the first prong of the analysis. | {
"signal": "see",
"identifier": "2000 WL 973752, at *2",
"parenthetical": "holding that inability to obtain court documents did not constitute \"extraordinary circumstance\"",
"sentence": "See Smaldone, 273 F.3d at 138 (“[Attorney error [is] inadequate to create the ‘extraordinary1 circumstances equitable tolling requires.”); Davis v. McCoy, No. 00 Civ. 1681, 2000 WL 973752, at *2 (S.D.N.Y. July 14, 2000) (holding that inability to obtain court documents did not constitute “extraordinary circumstance”)."
} | {
"signal": "but see",
"identifier": "224 F.3d 133, 133-34",
"parenthetical": "finding that intentional confiscation of petitioner's legal papers by corrections officer constituted an \"extraordinary\" circumstance",
"sentence": "But see Valverde, 224 F.3d at 133-34 (finding that intentional confiscation of petitioner’s legal papers by corrections officer constituted an “extraordinary” circumstance)."
} | 160,410 | a |
We agree with the reasoning of the Eighth Circuit that "[a] reasonable jury may conclude that a person who is asleep when a sexual act begins is physically unable to decline participation in that act." If the victim testifies that she woke up while the sexual act was ongoing, this "provide[s] sufficient evidence for the jury to conclude that penetration occurred while she was asleep." | {
"signal": "cf.",
"identifier": "277 F.3d 963, 967-68",
"parenthetical": "holding that evidence was insufficient where the record was silent with respect to the hour-and-a-half period in which the sexual act occurred",
"sentence": "Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (holding that evidence was sufficient where, inter alia, the victim “woke up to find [the defendant] on top of her and engaged in sex”); cf. United States v. Peters, 277 F.3d 963, 967-68 (7th Cir.2002) (holding that evidence was insufficient where the record was silent with respect to the hour-and-a-half period in which the sexual act occurred); United States v. Williams, 89 F.3d 165, 168 (4th Cir.1996) (holding that evidence was insufficient where the victim testified that she was awake and “communicated her desire not to have sexual intercourse” with the defendant)."
} | {
"signal": "see also",
"identifier": "606 F.3d 1270, 1281",
"parenthetical": "holding that evidence was sufficient where, inter alia, the victim \"woke up to find [the defendant] on top of her and engaged in sex\"",
"sentence": "Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (holding that evidence was sufficient where, inter alia, the victim “woke up to find [the defendant] on top of her and engaged in sex”); cf. United States v. Peters, 277 F.3d 963, 967-68 (7th Cir.2002) (holding that evidence was insufficient where the record was silent with respect to the hour-and-a-half period in which the sexual act occurred); United States v. Williams, 89 F.3d 165, 168 (4th Cir.1996) (holding that evidence was insufficient where the victim testified that she was awake and “communicated her desire not to have sexual intercourse” with the defendant)."
} | 4,201,666 | b |
We agree with the reasoning of the Eighth Circuit that "[a] reasonable jury may conclude that a person who is asleep when a sexual act begins is physically unable to decline participation in that act." If the victim testifies that she woke up while the sexual act was ongoing, this "provide[s] sufficient evidence for the jury to conclude that penetration occurred while she was asleep." | {
"signal": "cf.",
"identifier": "89 F.3d 165, 168",
"parenthetical": "holding that evidence was insufficient where the victim testified that she was awake and \"communicated her desire not to have sexual intercourse\" with the defendant",
"sentence": "Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (holding that evidence was sufficient where, inter alia, the victim “woke up to find [the defendant] on top of her and engaged in sex”); cf. United States v. Peters, 277 F.3d 963, 967-68 (7th Cir.2002) (holding that evidence was insufficient where the record was silent with respect to the hour-and-a-half period in which the sexual act occurred); United States v. Williams, 89 F.3d 165, 168 (4th Cir.1996) (holding that evidence was insufficient where the victim testified that she was awake and “communicated her desire not to have sexual intercourse” with the defendant)."
} | {
"signal": "see also",
"identifier": "606 F.3d 1270, 1281",
"parenthetical": "holding that evidence was sufficient where, inter alia, the victim \"woke up to find [the defendant] on top of her and engaged in sex\"",
"sentence": "Id.; see also United States v. Smith, 606 F.3d 1270, 1281 (10th Cir.2010) (holding that evidence was sufficient where, inter alia, the victim “woke up to find [the defendant] on top of her and engaged in sex”); cf. United States v. Peters, 277 F.3d 963, 967-68 (7th Cir.2002) (holding that evidence was insufficient where the record was silent with respect to the hour-and-a-half period in which the sexual act occurred); United States v. Williams, 89 F.3d 165, 168 (4th Cir.1996) (holding that evidence was insufficient where the victim testified that she was awake and “communicated her desire not to have sexual intercourse” with the defendant)."
} | 4,201,666 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "706 F.3d 1333, 1336-37",
"parenthetical": "noting that the court employs a categorical approach to determine if an offense is a \"crime of violence\" under SS 924(c",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": "543 U.S. 7, 7",
"parenthetical": "observing that because [SS 16] directs our focus to the 'offense' of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime\"",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "100 F.3d 418, 420",
"parenthetical": "\"[T]he phrase 'by its nature' compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": "543 U.S. 7, 7",
"parenthetical": "observing that because [SS 16] directs our focus to the 'offense' of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime\"",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "706 F.3d 1333, 1336-37",
"parenthetical": "noting that the court employs a categorical approach to determine if an offense is a \"crime of violence\" under SS 924(c",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "observing that because [SS 16] directs our focus to the 'offense' of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime\"",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "100 F.3d 418, 420",
"parenthetical": "\"[T]he phrase 'by its nature' compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "observing that because [SS 16] directs our focus to the 'offense' of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime\"",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "706 F.3d 1333, 1336-37",
"parenthetical": "noting that the court employs a categorical approach to determine if an offense is a \"crime of violence\" under SS 924(c",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": "644 F.3d 453, 453",
"parenthetical": "relying on Leocal and applying the categorical approach to SS 924(c",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
. Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach. | {
"signal": "see also",
"identifier": "100 F.3d 418, 420",
"parenthetical": "\"[T]he phrase 'by its nature' compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | {
"signal": "see",
"identifier": "644 F.3d 453, 453",
"parenthetical": "relying on Leocal and applying the categorical approach to SS 924(c",
"sentence": "See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must \"look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a \"crime of violence” under § 924(c)(3)(B) because of the phrase \"by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) (\"[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”)."
} | 4,143,915 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "421 U.S. 35, 47, 54",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": "940 F.2d 1360, 1368",
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "421 U.S. 35, 47, 54",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "421 U.S. 35, 47, 54",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see",
"identifier": "421 U.S. 35, 47, 54",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "95 S.Ct. 1456, 1464, 1468",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": "940 F.2d 1360, 1368",
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "95 S.Ct. 1456, 1464, 1468",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": "95 S.Ct. 1456, 1464, 1468",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see",
"identifier": "95 S.Ct. 1456, 1464, 1468",
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see",
"identifier": null,
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see",
"identifier": null,
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "cf.",
"identifier": "940 F.2d 1360, 1368",
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see",
"identifier": null,
"parenthetical": "although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional \"bias or the risk of bias or prejudgment\" in the administrative adjudication, the Supreme Court cautioned that \"we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "cf.",
"identifier": "940 F.2d 1360, 1368",
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | a |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
In soliciting a medical opinion on the question of the "etiological[ ] relationship between the vet[eran]'s service-connected chest injury and his fatal emphysema," the Board employee himself provided the answer: "Clearly, his inserviee chest injury was not related to his fatal pulmonary emphysema." The Court holds that such a statement evidences that there was no process at work to ensure impartiality, and creates the impression that the Board was not securing evidence to determine the correct outcome, but rather to support a predetermined outcome. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency's legal counsel to the administrative law judge because the memorandum constituted contact within the agency",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | {
"signal": "see also",
"identifier": "425 F.2d 583, 590",
"parenthetical": "noting the \"marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has 'reason to believe' that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves\"",
"sentence": "See Withrow v. Larkin, 421 U.S. 35, 47, 54, 95 S.Ct. 1456, 1464, 1468, 43 L.Ed.2d 712 (1975) (although the combination of investigative and adjudicative functions does not necessarily create an unconstitutional “bias or the risk of bias or prejudgment” in the administrative adjudication, the Supreme Court cautioned that “we should be alert to the possibilities of bias that may lurk in the way particular procedures actually work in practice”); see also City of Charlottesville v. FERC, 774 F.2d 1205, 1212 (D.C.Cir.1985), cert. denied, 475 U.S. 1108, 106 S.Ct. 1515, 89 L.Ed.2d 914 (1986) (“[i]n order to establish improper prejudgment of a case, it must appear to ‘a disinterested observer ... that [the agency] has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it’” (citations omitted)); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583, 590 (D.C.Cir.1970) (noting the “marked difference between the issuance of a press release which states that the Commission has filed a complaint because it has ‘reason to believe’ that there have been violations, and statements by a Commissioner after an appeal has been filed which give the appearance that he has already prejudged the case and that the ultimate determination of the merits will move in predestined grooves”); cf. Burke v. Bd. of Governors of the Federal Reserve System, 940 F.2d 1360, 1368 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1957, 118 L.Ed.2d 559 (1992) (ex parte communication restriction of the Administrative Procedure Act (APA) did not apply to a legal memorandum from the agency’s legal counsel to the administrative law judge because the memorandum constituted contact within the agency); Do-Right Auto Sales v. Howlett, 401 F.Supp. 1035, 1039 (N.D.Ill.1975) (“fact that an investigator in an administrative body is biased is not fatal to the decision of that body ... [; w]hat is crucial to the validity of a decision is the actual impact of bias on the person who makes the decision”) (citations omitted)."
} | 6,452,902 | b |
It is immediately evident that the Commission was inconsistent in its applica tion of the legal concept of "misconduct." The legal definition of "misconduct," because it is an interpretation of the language of a statute, is a question of law. See Petet v. State, Dep't ofSoc. While no court has interpreted "misconduct" as used in SS 313.812.14(9), the Missouri Supreme Court has defined the term in another context by utilizing the dictionary definition found in Black's Law Dictionary. | {
"signal": "see",
"identifier": "847 S.W.2d 800, 806",
"parenthetical": "defining misconduct in the context of judicial discipline proceedings by reference to Black's Law Dictionary",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | {
"signal": "see also",
"identifier": "944 S.W.2d 191, 201",
"parenthetical": "applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | 9,499,824 | a |
It is immediately evident that the Commission was inconsistent in its applica tion of the legal concept of "misconduct." The legal definition of "misconduct," because it is an interpretation of the language of a statute, is a question of law. See Petet v. State, Dep't ofSoc. While no court has interpreted "misconduct" as used in SS 313.812.14(9), the Missouri Supreme Court has defined the term in another context by utilizing the dictionary definition found in Black's Law Dictionary. | {
"signal": "see",
"identifier": "847 S.W.2d 800, 806",
"parenthetical": "defining misconduct in the context of judicial discipline proceedings by reference to Black's Law Dictionary",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | {
"signal": "see also",
"identifier": "847 S.W.2d 806, 806",
"parenthetical": "applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | 9,499,824 | a |
It is immediately evident that the Commission was inconsistent in its applica tion of the legal concept of "misconduct." The legal definition of "misconduct," because it is an interpretation of the language of a statute, is a question of law. See Petet v. State, Dep't ofSoc. While no court has interpreted "misconduct" as used in SS 313.812.14(9), the Missouri Supreme Court has defined the term in another context by utilizing the dictionary definition found in Black's Law Dictionary. | {
"signal": "see also",
"identifier": "944 S.W.2d 201, 201",
"parenthetical": "applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | {
"signal": "see",
"identifier": "847 S.W.2d 800, 806",
"parenthetical": "defining misconduct in the context of judicial discipline proceedings by reference to Black's Law Dictionary",
"sentence": "See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate."
} | 9,499,824 | b |
(Defs.' Br. at 24-29.) More specifically, Defendant Wembley USA underscores Plaintiffs argument in her seventh claim that the same alleged retaliatory actions were based on her complaints to the EEOC regarding sex discrimination. (Defs.' Br. at 26-29.) Defendant Wembley USA points to Colorado case law expressly supporting its position that in order to bring a successful claim under section 8-2.5-101, a plaintiff must establish that any action was taken solely because of the plaintiffs testimony. | {
"signal": "see",
"identifier": "27 P.3d 371, 376",
"parenthetical": "upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question \"was not based on the sole fact that [the plaintiff] provided testimony\"",
"sentence": "See Hoffler v. Colo. Dep't of Corr., 27 P.3d 371, 376 (Colo.2001) (upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question “was not based on the sole fact that [the plaintiff] provided testimony”); see also Slaughter v. John Elway Dodge Southwest/AutoNation, 107 P.3d 1165, 1168 (Colo.Ct.App.2005) (explaining section 8-2.5-101 “concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony,” and expresses public policy for employees “to be free from termination or other adverse employment action solely for fulfilling” such requests)."
} | {
"signal": "see also",
"identifier": "107 P.3d 1165, 1168",
"parenthetical": "explaining section 8-2.5-101 \"concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony,\" and expresses public policy for employees \"to be free from termination or other adverse employment action solely for fulfilling\" such requests",
"sentence": "See Hoffler v. Colo. Dep't of Corr., 27 P.3d 371, 376 (Colo.2001) (upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question “was not based on the sole fact that [the plaintiff] provided testimony”); see also Slaughter v. John Elway Dodge Southwest/AutoNation, 107 P.3d 1165, 1168 (Colo.Ct.App.2005) (explaining section 8-2.5-101 “concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony,” and expresses public policy for employees “to be free from termination or other adverse employment action solely for fulfilling” such requests)."
} | 5,542,670 | a |
One federal circuit extended the Kelly rationale to include federal restitution orders, even though the court recognized that Kelly "was partially influenced by federalism concerns." | {
"signal": "see also",
"identifier": null,
"parenthetical": "restitution ordered by federal district court not discharged in Chapter 7 proceeding",
"sentence": "United States v. Caddell, 830 F.2d 36, 39 (5th Cir.1987) (restitution order did not illegally require debt- or to divert funds from Chapter 11 estate); see also In re Wright, 87 B.R. 1011, 1015 n. 3 (Bankr.S.D.1988) (restitution ordered by federal district court not discharged in Chapter 7 proceeding); In re O’Connell, 80 B.R. 475, 476 (Bankr.E.D.Mo.1987) (same)."
} | {
"signal": "no signal",
"identifier": "830 F.2d 36, 39",
"parenthetical": "restitution order did not illegally require debt- or to divert funds from Chapter 11 estate",
"sentence": "United States v. Caddell, 830 F.2d 36, 39 (5th Cir.1987) (restitution order did not illegally require debt- or to divert funds from Chapter 11 estate); see also In re Wright, 87 B.R. 1011, 1015 n. 3 (Bankr.S.D.1988) (restitution ordered by federal district court not discharged in Chapter 7 proceeding); In re O’Connell, 80 B.R. 475, 476 (Bankr.E.D.Mo.1987) (same)."
} | 10,531,795 | b |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "cf.",
"identifier": "493 U.S. 549, 561",
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | a |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "cf.",
"identifier": "110 S.Ct. 900, 908",
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | b |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | a |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "cf.",
"identifier": "493 U.S. 549, 561",
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | a |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "cf.",
"identifier": "110 S.Ct. 900, 908",
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | b |
. We do not address whether appellee's act of producing government records may be used against her in subsequent criminal proceedings. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.\"",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "corporate custodian's act of production may not be used against the custodian in a criminal prosecution",
"sentence": "See Braswell, 487 U.S. at 117-18 & n. 11, 108 S.Ct. at 2295 & n. 11 (corporate custodian’s act of production may not be used against the custodian in a criminal prosecution); cf. Baltimore City Dep’t of Social Services v. Bouknight, 493 U.S. 549, 561, 110 S.Ct. 900, 908, 107 L.Ed.2d 992 (1990) (“The same custodial role that limited the ability to resist the production order may give rise to corresponding limitations upon the direct and indirect use of that testimony.”)."
} | 3,493,548 | b |
We have phrased this rule slightly differently in two cases. | {
"signal": "see",
"identifier": "36 Wn. App. 854, 854",
"parenthetical": "test for determining whether trial court has subject matter jurisdiction over counterclaim in unlawful detainer action is whether \"resolution of the [tenant's] damage claim is . . . necessary to determine the right of possession\"",
"sentence": "See First Union Mgmt., Inc., 36 Wn. App. at 854 (test for determining whether trial court has subject matter jurisdiction over counterclaim in unlawful detainer action is whether “resolution of the [tenant’s] damage claim is . . . necessary to determine the right of possession”); see also Int’l Raw Materials, Ltd., 96 Wn. App. at 438 (in unlawful detainer action, trial court may resolve any issues necessarily related to the parties’ dispute over possession of the property)."
} | {
"signal": "see also",
"identifier": "96 Wn. App. 438, 438",
"parenthetical": "in unlawful detainer action, trial court may resolve any issues necessarily related to the parties' dispute over possession of the property",
"sentence": "See First Union Mgmt., Inc., 36 Wn. App. at 854 (test for determining whether trial court has subject matter jurisdiction over counterclaim in unlawful detainer action is whether “resolution of the [tenant’s] damage claim is . . . necessary to determine the right of possession”); see also Int’l Raw Materials, Ltd., 96 Wn. App. at 438 (in unlawful detainer action, trial court may resolve any issues necessarily related to the parties’ dispute over possession of the property)."
} | 4,025,474 | a |
In Pradubsri's case, the circuit court used truth-seeking language almost identical to that challenged in Needs. However, the circuit court referenced the "beyond a reasonable doubt" standard at least twenty times during its instruc tions. Further, the instructions did not contain Manning's disfavored language. | {
"signal": "see",
"identifier": "333 S.C. 155, 155",
"parenthetical": "holding a charge was harmless partly because \"it did not contain ... troubling language identified in Manning\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | {
"signal": "see also",
"identifier": "320 S.C. 38, 46",
"parenthetical": "noting a charge was not defective partly because it lacked \"language found objectionable in the Manning case\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | 12,278,905 | a |
In Pradubsri's case, the circuit court used truth-seeking language almost identical to that challenged in Needs. However, the circuit court referenced the "beyond a reasonable doubt" standard at least twenty times during its instruc tions. Further, the instructions did not contain Manning's disfavored language. | {
"signal": "see also",
"identifier": "462 S.E.2d 884, 889",
"parenthetical": "noting a charge was not defective partly because it lacked \"language found objectionable in the Manning case\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | {
"signal": "see",
"identifier": "333 S.C. 155, 155",
"parenthetical": "holding a charge was harmless partly because \"it did not contain ... troubling language identified in Manning\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | 12,278,905 | b |
In Pradubsri's case, the circuit court used truth-seeking language almost identical to that challenged in Needs. However, the circuit court referenced the "beyond a reasonable doubt" standard at least twenty times during its instruc tions. Further, the instructions did not contain Manning's disfavored language. | {
"signal": "see",
"identifier": "508 S.E.2d 867, 867",
"parenthetical": "holding a charge was harmless partly because \"it did not contain ... troubling language identified in Manning\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | {
"signal": "see also",
"identifier": "320 S.C. 38, 46",
"parenthetical": "noting a charge was not defective partly because it lacked \"language found objectionable in the Manning case\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | 12,278,905 | a |
In Pradubsri's case, the circuit court used truth-seeking language almost identical to that challenged in Needs. However, the circuit court referenced the "beyond a reasonable doubt" standard at least twenty times during its instruc tions. Further, the instructions did not contain Manning's disfavored language. | {
"signal": "see also",
"identifier": "462 S.E.2d 884, 889",
"parenthetical": "noting a charge was not defective partly because it lacked \"language found objectionable in the Manning case\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | {
"signal": "see",
"identifier": "508 S.E.2d 867, 867",
"parenthetical": "holding a charge was harmless partly because \"it did not contain ... troubling language identified in Manning\"",
"sentence": "See Needs, 333 S.C. at 155, 508 S.E.2d at 867 (holding a charge was harmless partly because “it did not contain ... troubling language identified in Manning”); see also State v. Kirkpatrick, 320 S.C. 38, 46, 462 S.E.2d 884, 889 (Ct. App. 1995) (noting a charge was not defective partly because it lacked “language found objectionable in the Manning case”)."
} | 12,278,905 | b |
Whatever their legal merit, these contentions, like claims by other prisoners challenging the computation of a sentence, may not be raised under SS 23-110. Because such contentions concern the executive department's execution of sentence, not the trial court's imposition of sentence, they must be raised in a habeas corpus petition as the prisoners did in Lewis, Johnson, and Scott. | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | {
"signal": "see",
"identifier": "411 U.S. 475, 500",
"parenthetical": "habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | 7,370,022 | b |
Whatever their legal merit, these contentions, like claims by other prisoners challenging the computation of a sentence, may not be raised under SS 23-110. Because such contentions concern the executive department's execution of sentence, not the trial court's imposition of sentence, they must be raised in a habeas corpus petition as the prisoners did in Lewis, Johnson, and Scott. | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | {
"signal": "see",
"identifier": "93 S.Ct. 1827, 1841",
"parenthetical": "habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | 7,370,022 | b |
Whatever their legal merit, these contentions, like claims by other prisoners challenging the computation of a sentence, may not be raised under SS 23-110. Because such contentions concern the executive department's execution of sentence, not the trial court's imposition of sentence, they must be raised in a habeas corpus petition as the prisoners did in Lewis, Johnson, and Scott. | {
"signal": "see",
"identifier": null,
"parenthetical": "habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | 7,370,022 | a |
Whatever their legal merit, these contentions, like claims by other prisoners challenging the computation of a sentence, may not be raised under SS 23-110. Because such contentions concern the executive department's execution of sentence, not the trial court's imposition of sentence, they must be raised in a habeas corpus petition as the prisoners did in Lewis, Johnson, and Scott. | {
"signal": "see",
"identifier": "556 F.2d 880, 880-81",
"parenthetical": "prisoner's request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence",
"sentence": "See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 1841, 36 L.Ed.2d 439 (1973) (habeas corpus sole federal remedy for challenging imprisonment or seeking speedier release); Chatman-Bey v. Thornburgh, 274 U.S.App.D.C. 398, 404 n. 5, 864 F.2d 804, 810 n. 5 (1988) (habeas corpus sole remedy for challenging parole eligibility); United States v. Monteer, 556 F.2d 880, 880-81 (8th Cir.1977) (prisoner’s request for restoration of good time credits challenges manner of execution of sentence, not sentence itself, and must be brought by habeas corpus); see also Brame v. Palmer, 510 A.2d 229 (D.C.1986) (prisoner serving new sentence after probation revocation filed petition for writ of habeas corpus seeking credit for time served on original sentence)."
} | 7,370,022 | a |
Rather the former patient evidence is the type of character evidence contemplated under Rule 404(b). This evidence of Dr. Seltzer's treatment of the former patients was clearly an attempt to show that Dr. Seltzer treated Weil in conformity with his treatment of the five testifying patients. | {
"signal": "cf.",
"identifier": "795 F.2d 131, 131",
"parenthetical": "admission of police officer's personnel files containing evidence of other bad acts was error because it subjected officers to risk of unfair prejudice",
"sentence": "See, e.g., Outley v. City of New York, 837 F.2d 587, 592-93 (2d Cir.1988) (evidence of six prior lawsuits filed by litigant improper under Rule 404(b) because it is improper evidence of the character trait of litigiousness); cf. Carter v. District of Columbia, 795 F.2d at 131 (admission of police officer’s personnel files containing evidence of other bad acts was error because it subjected officers to risk of unfair prejudice)."
} | {
"signal": "see",
"identifier": "837 F.2d 587, 592-93",
"parenthetical": "evidence of six prior lawsuits filed by litigant improper under Rule 404(b",
"sentence": "See, e.g., Outley v. City of New York, 837 F.2d 587, 592-93 (2d Cir.1988) (evidence of six prior lawsuits filed by litigant improper under Rule 404(b) because it is improper evidence of the character trait of litigiousness); cf. Carter v. District of Columbia, 795 F.2d at 131 (admission of police officer’s personnel files containing evidence of other bad acts was error because it subjected officers to risk of unfair prejudice)."
} | 3,467,354 | b |
Upon careful de novo review, we enforce the appeal waiver. | {
"signal": "see also",
"identifier": "627 F.3d 702, 704",
"parenthetical": "de novo review of validity and applicability of appeal waiver",
"sentence": "See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); see also United States v. Scott, 627 F.3d 702, 704 (8th Cir.2010) (de novo review of validity and applicability of appeal waiver)."
} | {
"signal": "see",
"identifier": "333 F.3d 886, 889-92",
"parenthetical": "court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result",
"sentence": "See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); see also United States v. Scott, 627 F.3d 702, 704 (8th Cir.2010) (de novo review of validity and applicability of appeal waiver)."
} | 4,289,585 | b |
The trial court concluded that permitting deadly force to protect the commission of a felony in one's home would establish a "lower standard" for self-defense than set forth in Boyce. But the trial court's deletion of statutory language cannot be justified in light of common law principles because there is a "defense of habitation" at common law. | {
"signal": "see",
"identifier": null,
"parenthetical": "a person may take the life of another who attempts to force an entrance into the person's house to commit a felony or inflict serious personal injury",
"sentence": "See State v. Miller, 267 N.C. 409, 148 S.E.2d 279, 281 (1966) (a person may take the life of another who attempts to force an entrance into the person’s house to commit a felony or inflict serious personal injury); 1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 5.9 (West 1986) (same); Annotation, Homicide or Assault in Defense of Habitation or Property, 25 A.L.R. 508, 509 (1923) (same); 1 Paul H."
} | {
"signal": "cf.",
"identifier": "468 N.W.2d 77, 78-79",
"parenthetical": "common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | 10,629,435 | a |
The trial court concluded that permitting deadly force to protect the commission of a felony in one's home would establish a "lower standard" for self-defense than set forth in Boyce. But the trial court's deletion of statutory language cannot be justified in light of common law principles because there is a "defense of habitation" at common law. | {
"signal": "cf.",
"identifier": "468 N.W.2d 77, 78-79",
"parenthetical": "common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | {
"signal": "see",
"identifier": "148 S.E.2d 279, 281",
"parenthetical": "a person may take the life of another who attempts to force an entrance into the person's house to commit a felony or inflict serious personal injury",
"sentence": "See State v. Miller, 267 N.C. 409, 148 S.E.2d 279, 281 (1966) (a person may take the life of another who attempts to force an entrance into the person’s house to commit a felony or inflict serious personal injury); 1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 5.9 (West 1986) (same); Annotation, Homicide or Assault in Defense of Habitation or Property, 25 A.L.R. 508, 509 (1923) (same); 1 Paul H."
} | 10,629,435 | b |
The trial court concluded that permitting deadly force to protect the commission of a felony in one's home would establish a "lower standard" for self-defense than set forth in Boyce. But the trial court's deletion of statutory language cannot be justified in light of common law principles because there is a "defense of habitation" at common law. | {
"signal": "see",
"identifier": "289 Minn. 196, 201-02",
"parenthetical": "necessity may be a general defense to criminal liability although not specifically provided for in statute",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | {
"signal": "cf.",
"identifier": "468 N.W.2d 77, 78-79",
"parenthetical": "common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | 10,629,435 | a |
The trial court concluded that permitting deadly force to protect the commission of a felony in one's home would establish a "lower standard" for self-defense than set forth in Boyce. But the trial court's deletion of statutory language cannot be justified in light of common law principles because there is a "defense of habitation" at common law. | {
"signal": "cf.",
"identifier": "468 N.W.2d 77, 78-79",
"parenthetical": "common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | {
"signal": "see",
"identifier": "183 N.W.2d 541, 544-45",
"parenthetical": "necessity may be a general defense to criminal liability although not specifically provided for in statute",
"sentence": "See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M."
} | 10,629,435 | b |
Moreover, Allen's guilty plea to securities fraud did not establish willfulness as to the securities element. | {
"signal": "see",
"identifier": "169 P.3d 169, 185",
"parenthetical": "willfulness does not require proof that defendant knew the transaction involved a security",
"sentence": "See People v. Pahl, 169 P.3d 169, 185 (Colo.App.2006)(willfulness does not require proof that defendant knew the transaction involved a security); see also Destro, - P.3d at -, 2008 WL 2202099, at *2 (\"Proof of knowledge that an investment is a security is not required for a conviction of 'willful securities fraud.\")."
} | {
"signal": "see also",
"identifier": "2008 WL 2202099, at *2",
"parenthetical": "\"Proof of knowledge that an investment is a security is not required for a conviction of 'willful securities fraud.\"",
"sentence": "See People v. Pahl, 169 P.3d 169, 185 (Colo.App.2006)(willfulness does not require proof that defendant knew the transaction involved a security); see also Destro, - P.3d at -, 2008 WL 2202099, at *2 (\"Proof of knowledge that an investment is a security is not required for a conviction of 'willful securities fraud.\")."
} | 8,159,091 | a |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | a |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | b |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | b |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | a |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | a |
Although General Poly evidently was not satisfied with the quality of the resin from that run, it cannot now argue that it did not have notice of its existence. Second, even if the record were otherwise, we are unwilling to read into the written agreement an obligation on the part of Allied to notify General Poly of the availability of prime resin, because no such provision appears in the clear and unambiguous language of the agreement. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "plaintiff failed to exercise an option to purchase \"in the clear and explicit manner stated in the separation agreement\"",
"sentence": "See Meccico v. Meccico, 559 N.Y.S.2d 974, 76 N.Y.2d 822, 559 N.E.2d 668 (1990) (“Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the instrument.”); cf. Remetich v. Remetich, 110 A.D.2d 760, 488 N.Y.S.2d 49 (1985) (plaintiff failed to exercise an option to purchase “in the clear and explicit manner stated in the separation agreement”)."
} | 1,244,957 | a |
Second, Badon's oral explanation of the coefficient employee pay scheme accorded with the clear understanding criterion. It included a statement that the new coefficient employee would receive his or her salary, regardless of the number of hours he or she was assigned to work in a week. She also secured written statements expressing an understanding of her presentation. | {
"signal": "see",
"identifier": "1992 WL 317199, at *3",
"parenthetical": "\"where an employee has signed and acknowledged an explanatory form indicating how FLSA's fluctuating workweek plan operates, a 'clear mutual understanding of the parties exists' \"",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | {
"signal": "see also",
"identifier": "805 F.2d 647, 647-48",
"parenthetical": "no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | 1,570,831 | a |
Second, Badon's oral explanation of the coefficient employee pay scheme accorded with the clear understanding criterion. It included a statement that the new coefficient employee would receive his or her salary, regardless of the number of hours he or she was assigned to work in a week. She also secured written statements expressing an understanding of her presentation. | {
"signal": "see",
"identifier": "1992 WL 317199, at *3",
"parenthetical": "\"where an employee has signed and acknowledged an explanatory form indicating how FLSA's fluctuating workweek plan operates, a 'clear mutual understanding of the parties exists' \"",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | {
"signal": "cf.",
"identifier": "94 F.3d 156, 156",
"parenthetical": "\"nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees' pay plan has been explained to them\"",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | 1,570,831 | a |
Second, Badon's oral explanation of the coefficient employee pay scheme accorded with the clear understanding criterion. It included a statement that the new coefficient employee would receive his or her salary, regardless of the number of hours he or she was assigned to work in a week. She also secured written statements expressing an understanding of her presentation. | {
"signal": "cf.",
"identifier": "94 F.3d 156, 156",
"parenthetical": "\"nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees' pay plan has been explained to them\"",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | {
"signal": "see also",
"identifier": "805 F.2d 647, 647-48",
"parenthetical": "no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid",
"sentence": "See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion."
} | 1,570,831 | b |
This court will "only enforce appeal waivers to which the defendant knowingly and voluntarily agreed." | {
"signal": "no signal",
"identifier": "517 F.3d 1222, 1222",
"parenthetical": "treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal",
"sentence": "Ibarra-Coronel, 517 F.3d at 1222. And here, Richardson makes no such no argument. See Anderson, 374 F.3d at 958-59 (treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal); see also Lyons, 510 F.3d at 1233 (deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief)."
} | {
"signal": "see also",
"identifier": "510 F.3d 1233, 1233",
"parenthetical": "deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief",
"sentence": "Ibarra-Coronel, 517 F.3d at 1222. And here, Richardson makes no such no argument. See Anderson, 374 F.3d at 958-59 (treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal); see also Lyons, 510 F.3d at 1233 (deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief)."
} | 5,893,059 | a |
This court will "only enforce appeal waivers to which the defendant knowingly and voluntarily agreed." | {
"signal": "no signal",
"identifier": "374 F.3d 958, 958-59",
"parenthetical": "treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal",
"sentence": "Ibarra-Coronel, 517 F.3d at 1222. And here, Richardson makes no such no argument. See Anderson, 374 F.3d at 958-59 (treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal); see also Lyons, 510 F.3d at 1233 (deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief)."
} | {
"signal": "see also",
"identifier": "510 F.3d 1233, 1233",
"parenthetical": "deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief",
"sentence": "Ibarra-Coronel, 517 F.3d at 1222. And here, Richardson makes no such no argument. See Anderson, 374 F.3d at 958-59 (treating appeal waiver as knowing and voluntary where defendant did not address the issue on appeal); see also Lyons, 510 F.3d at 1233 (deeming appeal waiver to be knowing and voluntary where defendant did not specifically address that issue in his opening brief and did not file a reply brief)."
} | 5,893,059 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "2002 MT 79, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "2002 MT 79, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "2002 MT 79, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "309 Mont. 254, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "309 Mont. 254, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "309 Mont. 254, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "46 P.3d 49, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "46 P.3d 49, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "46 P.3d 49, ¶ 9",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "2005 MT 237, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "2005 MT 237, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "2005 MT 237, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "328 Mont. 428, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "328 Mont. 428, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "328 Mont. 428, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "121 P.3d 541, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "2003 MT 136, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "no signal",
"identifier": "121 P.3d 541, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "cf.",
"identifier": "316 Mont. 140, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | a |
P13 Our usual standard of review with respect to parenting plan modifications is as follows: we review the findings underlying a district court's decision to modify a parenting plan to determine whether those findings are clearly erroneous; and when the findings upon which the modification decision is predicated are not clearly erroneous, we will reverse the district court's decision only where an abuse of discretion is clearly demonstrated. | {
"signal": "cf.",
"identifier": "69 P.3d 222, ¶ 8",
"parenthetical": "'Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | {
"signal": "no signal",
"identifier": "121 P.3d 541, ¶ 35",
"parenthetical": "\"We review a district court's interpretation and application of statutes for correctness.\"",
"sentence": "In re Marriage of Oehlke, 2002 MT 79, ¶ 9, 309 Mont. 254, ¶ 9, 46 P.3d 49, ¶ 9. In a case such as this, however, where the allegation is that the district court made no such findings in the first place and the issue is whether the court’s action conforms to statutory requirements, we are presented with a question of law, which we review de novo. See In re T.H., 2005 MT 237, ¶ 35, 328 Mont. 428, ¶ 35, 121 P.3d 541, ¶ 35 (“We review a district court’s interpretation and application of statutes for correctness.”); Wombold v. Assoc. Financial Services Co., 2004 MT 397, ¶ 30, 325 Mont. 290, ¶ 30, 104 P.3d 1080, ¶ 30 (“Issues of statutory interpretation are reviewed de novo.”); cf. State v. Williams, 2003 MT 136, ¶ 8, 316 Mont. 140, ¶ 8, 69 P.3d 222, ¶ 8 (‘Where . . . the issue on appeal is whether the trial court followed the statutory requirements for a sentence revocation, the question is a matter of law, and our review is plenary.”)."
} | 2,577,254 | b |
Jenney cannot seriously contend that the employment agreement is protected by the attorney-client privilege be- # cause both he and Airdata had copies of the agreement before Jenney retained his former attorney to negotiate the retirement agreement. The fact that Jenney may have given a copy of the employment agreement to the attorney negotiating the retirement agreement does not convert the nonprivileged employment agreement into a privileged document. | {
"signal": "see",
"identifier": "417 So.2d 1053, 1055",
"parenthetical": "holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client",
"sentence": "See Tober v. Sanchez, 417 So.2d 1053, 1055 (Fla. 3d DCA 1982) (holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client); cf. Briggs v. Salcines, 392 So.2d 263, 266 (Fla. 2d DCA 1980) (holding that if documents are privileged in the hands of the client, they retain that privilege when given to an attorney for the purpose of seeking legal advice)."
} | {
"signal": "cf.",
"identifier": "392 So.2d 263, 266",
"parenthetical": "holding that if documents are privileged in the hands of the client, they retain that privilege when given to an attorney for the purpose of seeking legal advice",
"sentence": "See Tober v. Sanchez, 417 So.2d 1053, 1055 (Fla. 3d DCA 1982) (holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client); cf. Briggs v. Salcines, 392 So.2d 263, 266 (Fla. 2d DCA 1980) (holding that if documents are privileged in the hands of the client, they retain that privilege when given to an attorney for the purpose of seeking legal advice)."
} | 9,121,811 | a |
The Endangered Species Act does not itself define "range." That seems to accord with the Service's position that "range" refers to "current range." | {
"signal": "but see",
"identifier": "563 U.S. 816, 821-822",
"parenthetical": "Congress has \"used the present tense to refer to past convictions\"",
"sentence": "But see McNeill v. United States, 563 U.S. 816, 821-822, 131 S.Ct. 2218, 180 L.Ed.2d 35 (2011) (Congress has “used the present tense to refer to past convictions”)."
} | {
"signal": "see",
"identifier": "644 F.3d 388, 394",
"parenthetical": "\"The use of the present tense in a statute strongly suggests it does not extend to past actions.\"",
"sentence": "See Sherley v. Sebelius, 644 F.3d 388, 394 (D.C. Cir. 2011) (“The use of the present tense in a statute strongly suggests it does not extend to past actions.”)."
} | 12,275,631 | b |
The Endangered Species Act does not itself define "range." That seems to accord with the Service's position that "range" refers to "current range." | {
"signal": "but see",
"identifier": null,
"parenthetical": "Congress has \"used the present tense to refer to past convictions\"",
"sentence": "But see McNeill v. United States, 563 U.S. 816, 821-822, 131 S.Ct. 2218, 180 L.Ed.2d 35 (2011) (Congress has “used the present tense to refer to past convictions”)."
} | {
"signal": "see",
"identifier": "644 F.3d 388, 394",
"parenthetical": "\"The use of the present tense in a statute strongly suggests it does not extend to past actions.\"",
"sentence": "See Sherley v. Sebelius, 644 F.3d 388, 394 (D.C. Cir. 2011) (“The use of the present tense in a statute strongly suggests it does not extend to past actions.”)."
} | 12,275,631 | b |
The Endangered Species Act does not itself define "range." That seems to accord with the Service's position that "range" refers to "current range." | {
"signal": "but see",
"identifier": null,
"parenthetical": "Congress has \"used the present tense to refer to past convictions\"",
"sentence": "But see McNeill v. United States, 563 U.S. 816, 821-822, 131 S.Ct. 2218, 180 L.Ed.2d 35 (2011) (Congress has “used the present tense to refer to past convictions”)."
} | {
"signal": "see",
"identifier": "644 F.3d 388, 394",
"parenthetical": "\"The use of the present tense in a statute strongly suggests it does not extend to past actions.\"",
"sentence": "See Sherley v. Sebelius, 644 F.3d 388, 394 (D.C. Cir. 2011) (“The use of the present tense in a statute strongly suggests it does not extend to past actions.”)."
} | 12,275,631 | b |
At this point, based upon the deputy's prior observation of Spangler's traffic infractions, coupled with his detecting the odor of alcohol, the deputy had a reasonable, articulable suspicion that Spangler might be intoxicated as well. Thus, under Terry, the deputy had the legal authority to fully detain Spangler for an investigatory stop. When Spangler ignored the deputy's requests to stop, Manthei instructs that the deputy could then legally enter the open garage to complete the Terry detention of Spangler. To permit Spangler to retreat into his business at this point, when he knew he was being detained and was not free to go, would defeat the very purpose of a Terry stop.. | {
"signal": "see also",
"identifier": "122 Idaho 823, 827",
"parenthetical": "\"In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.\"",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | 11,874,412 | a |
At this point, based upon the deputy's prior observation of Spangler's traffic infractions, coupled with his detecting the odor of alcohol, the deputy had a reasonable, articulable suspicion that Spangler might be intoxicated as well. Thus, under Terry, the deputy had the legal authority to fully detain Spangler for an investigatory stop. When Spangler ignored the deputy's requests to stop, Manthei instructs that the deputy could then legally enter the open garage to complete the Terry detention of Spangler. To permit Spangler to retreat into his business at this point, when he knew he was being detained and was not free to go, would defeat the very purpose of a Terry stop.. | {
"signal": "see also",
"identifier": "122 Idaho 823, 827",
"parenthetical": "\"In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.\"",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | 11,874,412 | a |
At this point, based upon the deputy's prior observation of Spangler's traffic infractions, coupled with his detecting the odor of alcohol, the deputy had a reasonable, articulable suspicion that Spangler might be intoxicated as well. Thus, under Terry, the deputy had the legal authority to fully detain Spangler for an investigatory stop. When Spangler ignored the deputy's requests to stop, Manthei instructs that the deputy could then legally enter the open garage to complete the Terry detention of Spangler. To permit Spangler to retreat into his business at this point, when he knew he was being detained and was not free to go, would defeat the very purpose of a Terry stop.. | {
"signal": "see also",
"identifier": "839 P.2d 1237, 1241",
"parenthetical": "\"In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.\"",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | 11,874,412 | a |
At this point, based upon the deputy's prior observation of Spangler's traffic infractions, coupled with his detecting the odor of alcohol, the deputy had a reasonable, articulable suspicion that Spangler might be intoxicated as well. Thus, under Terry, the deputy had the legal authority to fully detain Spangler for an investigatory stop. When Spangler ignored the deputy's requests to stop, Manthei instructs that the deputy could then legally enter the open garage to complete the Terry detention of Spangler. To permit Spangler to retreat into his business at this point, when he knew he was being detained and was not free to go, would defeat the very purpose of a Terry stop.. | {
"signal": "see also",
"identifier": "839 P.2d 1237, 1241",
"parenthetical": "\"In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.\"",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home",
"sentence": "See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home)."
} | 11,874,412 | a |
The government's contention is not unreasonable under our general law of forfeiture and plain error. | {
"signal": "see",
"identifier": "491 F.3d 1173, 1178",
"parenthetical": "seeking to clarify Tenth Circuit precedent by concluding that where a defendant \"did not object on procedural grounds under SS 3553(a) or (c",
"sentence": "See United States v. Romero, 491 F.3d 1173, 1178 (10th Cir. 2007) (seeking to clarify Tenth Circuit precedent by concluding that where a defendant “did not object on procedural grounds under § 3553(a) or (c) after the district court imposed his sentence, he has forfeited his right to appeal this issue and our review is only for plain error”); see also United States v. Contreras-Martinez, 409 F.3d 1236, 1242 (10th Cir.2005) (where defendant argued that “the district court erroneously sentenced him to consecutive sentences under a mandatory guidelines system,” holding that “we review for plain error” because defendant “did not raise his Booker argument in the district court”)."
} | {
"signal": "see also",
"identifier": "409 F.3d 1236, 1242",
"parenthetical": "where defendant argued that \"the district court erroneously sentenced him to consecutive sentences under a mandatory guidelines system,\" holding that \"we review for plain error\" because defendant \"did not raise his Booker argument in the district court\"",
"sentence": "See United States v. Romero, 491 F.3d 1173, 1178 (10th Cir. 2007) (seeking to clarify Tenth Circuit precedent by concluding that where a defendant “did not object on procedural grounds under § 3553(a) or (c) after the district court imposed his sentence, he has forfeited his right to appeal this issue and our review is only for plain error”); see also United States v. Contreras-Martinez, 409 F.3d 1236, 1242 (10th Cir.2005) (where defendant argued that “the district court erroneously sentenced him to consecutive sentences under a mandatory guidelines system,” holding that “we review for plain error” because defendant “did not raise his Booker argument in the district court”)."
} | 3,626,435 | a |
The SEC says-their-lifetimes, but with no justification beyond the asserted egregiousness of Defendants' conduct. Section 78u(d)(2),-however, is not an all-or-nothing standard] it gives courts the discretion to grant an officer-or-director bar "for such period of time as [the -court] shall determine;" And Patel suggests that lifetime bans may not be warranted. where a fixed-term bar might suffice. | {
"signal": "see",
"identifier": "595 F.Supp.2d 45, 45-46",
"parenthetical": "ordering five-year bar despite defendant's knowing and deliberate violations because \"a permanent bar ... is far too draconian a remedy\"",
"sentence": "See Johnson, 595 F.Supp.2d at 45-46 (ordering five-year bar despite defendant’s knowing and deliberate violations because “a permanent bar ... is far too draconian a remedy”)."
} | {
"signal": "no signal",
"identifier": "61 F.3d 142, 142",
"parenthetical": "repeat offenders are those who committed securities violations outside of the ones giving rise to the present litigation",
"sentence": "Patel, 61 F.3d at 142, Given the award of a permanent -bar on securities-law, violations and the fact that neither Defendant is a repeat offender, see SEC v. Bankosky, No. 12-1012, 2012 WL 1849000, at *2 (S.D.N.Y. May 21, 2012) (repeat offenders are those who committed securities violations outside of the ones giving rise to the present litigation), aff'd, 716 F.3d 45 (2d Cir.2013), the Court concludes that, especially given her age, a ten-year bar for Grace and a five-year bar for Saito are sufficient and appropriate."
} | 4,196,025 | b |
Subsets and Splits