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...accompanying text.
The defense called only one witness, Officer Madry, during its presentation at the evidentiary hearing. Madry testified that he recalled "exchanging words...S.Ct. 1970. At the evidentiary hearing Pinkston failed to establish either prong of this long-standing test.
Initially, we note this court has held that injuries, such as...
...modification. Thus, we find Jackson and Serment state a non-frivolous claim. As to the second aspect of the test, we have explained that the Supreme Court did not use the term "vested benefits" in the...
...warp the facts of the confession. Admissions, retold at a trial, are much like hearsay, that is, statements not made at the pending trial. They had neither the compulsion of the oath nor the test of...
...).
The report cited in the text is the recently issued first segment of a study which the Commission was directed to make by a 1961 amendment to the Securities Exchange Act...
...other case, the test of the Board's jurisdiction is not the volume of the interstate commerce which may be affected, but the existence of a relationship of the employer and his employees to the commerce...
...no right of appeal from a final order in a proceeding to test the validity of a warrant [of] remov[al] ...”). This case concerns the third, § 2253(c), which provides...), we described Clay 's interpretation as comporting “with the most natural reading of the statutory text” and saw “no reason to depart” from it in “construing the similar language of § 2244(d)(1...: The text of § 2244(d)(1)(A), which marks finality as of “the conclusion of direct review or the expiration of the time for seeking such review,” consists of two prongs. Each prong—the “conclusion of...
...government agents had done everything "reasonably necessary and proper" to make a witness available is factual in nature and consequently subject to the clearly erroneous test..., compare United States v. Thompson, 558 F.2d 522, 524 (9th Cir. 1977) (probable cause reviewable under the clearly erroneous test...standard of review jurisprudence generally.
Although rule 52(a) is a rule of civil procedure, the clearly erroneous test which it...
...police asked him to submit to a "lie-detector" test. He was not told of his rights to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and "that any...
..., Reck had been in custody almost 80 hours without counsel, without contact with his family, without a court appearance and without charge or bail. The text of this joint confession reveals mostly yes...the Illinois Post-Conviction Hearing Act was filed to test the validity of Reck's 199-year sentence imposed 16 years previously. His application was denied after a full hearing by the trial court, and...
...postconviction proceedings. "Respecting the State's grant of a right to test their detention," the Court said, "the Fourteenth Amendment weighs the interests of rich and poor criminals in equal scale...
...on a clean slate, I would adhere to the statute's text. But Thermtron's limiting construction applies equally to this case as it did to...Court's adherence to precedent in this case represents a welcome departure from its sometimes single-minded focus on literal text. Accordingly, I join the Court's opinion...departure from the literal text, see ante, at 2 (STEVENS, J., concurring), the world is mad.
This mess — entirely of our own making — does not in my view require expert...
...limitation of § 706(d), which provides that "a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter." That text expressly conditioned...were enacted to protect. See Grogan v. Garner, 498 U. S., at 287. The text of § 706(d) therefore provides adequate authority for...).
A statutory provision protecting a borrower from waiver is not a shield against forfeiture. Nothing in the text of either § 706 or § 1307(c) (or the legislative history of...
...; his determination is reviewable only if he misapplies, overlooks, or gives a wrong or improper effect to any test or consideration which it was his duty to regard." Greenfield Development Co. v. Wood...
...not.
The plain text of the relevant regulation requires the ALJ first to determine whether Brueggemann is disabled. 20....
As we discuss in the text, the record reflects that Brueggemann had ceased drinking by the time of the hear...
...were made to the text of 18 U.S.C. § 4208 or any related statute in a way that might affect its meaning.
Until 2004, the Commission conducted all parole...). The "savings clause" of § 2255 allows for a § 2241 action if § 2255 is "inadequate or ineffective to test the legality of the detention...] parole commission's actions" in retroactively applying parole guidelines must be brought under § 2241 and not § 2255). Section 2241 also exists to provide a remedy to test the legality of detention...
...adequate to support a conclusion." ( Consolidated Edison Co. v. National Labor Relations Board, 305 U.S. 197, 229.) The same test is...applying the test than in formulating it. The evidence produced by one party must be considered in connection with the evidence produced by the other parties. Evidence which unexplained might be conclusive...
...unconstitutional, that there is no remedy; then indeed is our constitution a blank paper: there is no guarantee for a single right to citizens; * * * but slavery may be introduced; a religious test may be...appropriate inquiry is whether amended R.C. 2317.45 violates due process, and that the rational basis test is the appropriate test to apply in making this determination. However, it is pure sophistry...Constitution. In reaching its conclusion, the court applied the less stringent "rational relation" test, under which a legislative enactment not involving a fundamental right or suspect class will be deemed...
...VII disparate treatment cases, the Supreme Court has articulated the McDonnell Douglas/Burdine test to allocate the burdens of proof. Under this standard, the plaintiff bears the initial burden...circumstances" test: determining when an employer's conduct raises an inference of discrimination under the Supreme Court's McDonnell Douglas/Burdine standard.
Under that test...that Mr. Harding has stated a prima facie case for purposes of summary judgment; the court should then proceed to the remainder of the McDonnell Douglas/Burdine test to determine whether summary...
...offense requires "gross negligence," the test for which is "`objective: whether a reasonable person in the defendant's position would have been aware of the risk involved. [Citation.]' [Citation...Cal.Rptr.2d 8, 819 P.2d 849].) The defendant argued that, "because the test of gross negligence is an objective one . . ., evidence of...., italics in original.) "[A]lthough the test for gross negligence was an objective one, `[t]he jury should therefore consider all relevant circumstances. . . . [Citations.]'" ( Ibid., quoting...
..."repeated shots or blows inflicted upon the victim."
We conclude, therefore, that the photographs here in issue may be considered to have passed the test of relevancy with respect to the...photographic depictions of a murder victim enunciate a test whereby certain factors are to be considered by the trial judge. The matters to be taken into consideration include the value of photographs as...