...qualified choice. But no such showing was made. On the contrary, the trial examiner found that the underlying employee sentiment at the time they signed the cards was that they desired to...would have a choice to be material it would have to be shown that the employees would not have signed the cards authorizing the Union to represent them if they had known that Hyde's choice was only a...threatened him with picketing and an unfair labor listing unless he accepted an immediate card check on April 1, two days before the time originally scheduled for the card check...

...representations made to the effect that community sentiment at the time was unusually vindictive. Wilson was further advised that a continuance could be obtained for as long a time as would be nec...possible effect of the sentencing statute; that issue was raised for the first time on appeal in the Court of Appeals of North Carolina. The Court of Appeals decided that issue on the merits adversely to...for the crime in question was less than was reasonably assumed at the time the plea was entered." Brady v. United States, supra, 397 U.S. at...

..."change in the average time taken to resolve proceedings under [S]ection 206." The RFA reflects Congress's sentiment at the ...pathway for retail regulators to seek changes to regulated electricity rates. Public utilities may file a new rate at any time under Section 205 of...necessary at a time when "Section 205 proceedings on average require[d] one year for resolution," compared with "two years on average" for Section 206 proceedings...

...] representation from Local 2332" and that they wanted "action to be taken to get [the Union] out of our agency so we can get our voices back!" It is undisputed that Respondent was unaware of this sentiment at the ...showing that as of May 8, 2005, the Union no longer represented a majority of the unit employees. Indeed, the majority of the existing employees affirmatively stated that they "no longer want[ed...doubt about a union's majority status at the time the contract was made, when the doubt arises from facts known to the employer before its contract offer had been accepted by the union." Id...

...location within the borders of the park of the World's Fair and was in response to the general public sentiment at the time ...Park. From time to time in the past many schemes have been devised which if successful would have resulted in encroachments more or less interfering with its basic purpose, viz., that of an open and..., chap. 208; Consol. Act [Laws of 1882, chap. 410], § 692; Greater N.Y. Charter [Laws of 1897, chap. 378; Laws of 1901, chap. 466], § 627.) This section was passed for the purpose of preventing the...

...not obtain a fair and impartial trial at this time on account of current rumors and of the prevailing public sentiment and feeling against the defendant." As to the contention...question raised under this exception, that the defendant could not obtain a fair and impartial trial at said time on "account of current rumors and of prevailing public sentiment and feeling against...that there was such a strong sentiment against the defendant that he could not obtain a fair trial. I saw nothing at the time to indicate any such sentiment and nothing was brought to my attention...

..., including at least three other armed robberies;c. the absence of any serious mitigating factors related to the Petitioner's upbringing or the armed robbery itself;d. the community ...testimony presented to the Court, does hereby order that the defendant, Raymond Pratt, be confined in the West Virginia Penitentiary at Moundsville, West Virginia, for life, with credit for time...basis for the life sentence: The Court convened the hearing as scheduled on January 29, 2015. At that time, the Court elicited recommendations from both the...

...Frank was absent at the time the verdict was rendered without his consent, pursuant to a suggestion from the trial judge to his counsel to...forth. It contains a statement in narrative form of the alleged course of the trial, including allegations of disorder and manifestations of hostile sentiment in and about the courtroom, and states that...of public sentiment hostile to the defendant sufficient to influence the jury. In support of one of these, and to show the state of sentiment as manifested, the motion stated: "The defendant was not...

...not make the statement, and the comment was merely Williams's interpretation of Walls's sentiment at the time. (D.I. 73 at B78.) And even if Walls did make such a comment to Williams, the language...Coles's termination. (D.I. 73 at B78.) Walls denies making the statement and testified that he actually supported and approved Coles's promotion. (D.I. 76 at C12-13.) Williams testified that Walls did..., Coles alleged for the first time that Williams had discriminated against him. Coles pointed to two incidents in which Williams, a dark-skinned black male, referred to Coles, a light-skinned black male...

.... 1970) ( American Cable II). If conditions at the plant at the time of the Board proceedings are such that employee sentiment can be expressed in an election, the Board should not.... I respectfully disagree with the majority's statement that the Board extensively investigated and evaluated the conditions in the shop at the time the orde...sentiment which may have become overborne by an employer's past anti-union activities. But where, as here, it is not clear whether at the time of the Board's order such practices clouded that ...

..., 95 S.Ct. at 2540. The petitioner voiced his own version of this sentiment at the time the decision was made when he said, "I feel I...only lead him to believe the law contrives against him." Faretta, 422 U.S. at 834...is more properly read as an expression of frustration with the situation the petitioner has been put in by the trial judge. A22. Justice Stewart wrote that "[t]o force a lawyer upon a defendant can...

...special damages for the extraordinary expenses she would have to bear on account of her impairment. Id. at 956. The court acknowledged the uniform sentiment, at ...) before the fetus is viable, or (2) at any time during the pregnancy if either "the termination procedure is necessary to protect the life or health of the woman" or "the fetus is affected by genetic...defect or serious deformity or abnormality." Md. Code, § 20-209(b) of the Health-General Article. Notwithstanding that the State may not preclude an abortion, at any time, when the fetus has...

...] reflected the popular sentiment at the time and place, and furnished ample proof, if any were needed, that the chief purpose of the display was religious. There is no doubt, from the record, that the.... It was requisite that a bill of review show either error in law appearing in the record * * * or some new matter that has arisen in time after the decree, or some discovery after the...the time in Lowe, as "new matter" sufficient to entitle them to demand that the decree in Lowe be set aside. In view of the nature of the issue that arises from this contention we hold...

..., etc., and where, considering the act as a whole, the evil to be remedied, and public sentiment at the time of its passage, the purpose of the act clearly appears, — the rule should not be...prohibit the operation and maintenance of a place where those games are engaged in which at the time article 625, supra, was enacted were...Legislature had no intention at the time to include under articles 625, 626, and 627 the selling of pools, bookmaking, betting on horse races, or permitting premises to be used for such purpose. If, as...

...knowledge and sentiment at the time of trial which occurred approximately 28 months after the shooting. Of the 123 potential jurors who were questioned individually, 60 were excused for various reasons...looking for me while he has the kids.” Rioux and Hamilton, Woman's plea for help was too late,The Times Picayune, April 20, 2007, at A–1. Notwithstanding the..., 2007, James C. Magee shot and killed his wife Adrienne and their five-year-old son, Zack. He also injured his two daughters, nine-year-old S.M. and eight-year-old L.M. At the time of...

...the charge in his petition that there existed at the time of the trial a general and widespread hostile sentiment against him in Harrison county, which had been created and fomented by the Klan...change of venue to some other county. The burden of showing to the satisfaction of the court good cause for removing the case rests on the petitioner. Such good cause must exist at the ...accused existed throughout the entire county at the time of the trial. If this be true, and without any...

..., each iteration describing those living with the condition in a pejorative way. At the turn of the 20th century, people who were viewed as having limitations in intellectual advancement and social behavior were in...Department. These materials were incorporated by reference into the petition, and were filed at the same time in the form of a confidential exhibit. On the day the petition was filed, the...the scheduled time. Barrett and counsel for both parties were present in the courtroom. Counsel agreed that the previous two-hour estimate accurately reflected the total amount of time needed to...

...Notre Dame from the mandate, frankly, I gave this argument short shrift. I did so because the prevailing sentiment at the time was that the Rules appeared to be on a shaky foundation. Indeed, two ...continues to linger before me, this time on a second round of motions to dismiss. Previously, I largely denied motions to dismiss filed by the Department of Health and Human Services, the Department of Labor...changed since I drafted the earlier opinion in this case. When Notre Dame previously argued that the claims against the Settlement Agreement weren't ripe because the current regulations exempted...