Court Filter
FEDERAL COURTS
STATE COURTS
Apply Filter
Judge Filter
Filter by Judge Name (Beta)
Motion Filter
Filter by Motion (Beta)
*Please select motion
Other Filters
2010 Onwards566863
From 2000 To 2010279688
From 1990 To 2000150487
From 1980 To 1990108521
From 1970 To 198071820
From 1960 To 197037422
From 1950 To 196024928
Before 195066541

Cases cited for the legal proposition you have searched for.

Loading..

Showing 100 of 56455 results

...time of the passage of the Hatch Act were Page 555 prohibited for classified civil service employees. The role and scope of § 15 are discussed in the text, infra. The...

..."speculation" to conclude that even a majority of the users of the plant knew the source of it. Id., at 53. The overall test, we said, was whether it can be said "with substantial assurance that...

...governing test: "[W]e hold that each case must be considered on its own facts, and that convictions based on eyewitness...

...." This reasoning has met the test of time. (See, e.g., In re Sandel (1966) ...rather than later ameliorated by the administrative agency, that same sentence must also be measured against the constitutional test of cruel or unusual punishment. In addition...so far as section 1168 of the Penal Code purports to do so it is in violation of that section. Hence, in determining whether or not this sentence is valid, the test is the term of...

...here there is no express denial of judicial review, the test is whether "nonreviewability can fairly be inferred." Barlow v. Collins...make a fortune. These passengers should be heard. They satisfy the stringent test we laid down in Baker v. Carr, 369 U.S. 186; they...

...Amendment's Equal Protection Clause, a classification that meets the test articulated in Dandridge is perforce consistent with the due process requirement of the Fifth Amendment. Cf... of state workmen's compensation. As a result, appellee's total yearly income was reduced to $5,146.80. The ...Fourteenth Amendment. In opposing this course, I adhere to my dissenting views in Dandridge v. Williams. I continue to believe that the "rational basis" test used by...

...memorandum submits that the test is whether the requested material "reflect[s] or result[s] from investigative efforts" into civil or criminal enforcement matters." Ibid...decision. The purposes behind Exemption 5, protecting the give-and-take of the decisional process, were not violated by disclosure once an agency chooses expressly to adopt a particular text as its...Exemption is narrower than stated in text, since the Act also provides that "[a]ny reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of...

...extremely complicated history which we have not discussed in the above text, as the facts essential to the legal issues before us are complicated enough. A brief description, however, will give the...

...constitutionality of a warrantless search of a container found in an automobile depends on whether the owner possesses a reasonable expectation of privacy in its contents. Applying that test, the court held that the...

...out a prima facie case under the test set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, and that the District...action on behalf of every applicant or employee who might have been prejudiced by the test clearly would satisfy the commonality and typicality requirements of Rule 23(a). Significant proof that an...

...principles in effect at the time of enactment." The contemporary case law is relevant precisely because "Congress . . . did not intend the text of the Sherman Act to delineate the full meaning of the...

...estoppel suggest that the state proceedings similarly would not bind other interested persons who did not participate in them. See Restatement (Second) of Judgments § 68 (Tent. Draft No. 4, Apr. 15, 1977...

...unconstitutional by applying the four-part test of Hart v. Coiner, supra. Hart also was relied upon by the lower-court dissenters in Rummel, and was implicitly disapproved by our...proportionality test of Hart v. Coiner, 483 F.2d 136 (CA4 1973). Ante, at 371, 373, and n. 2. It then suggests that the test is...inconsistent with the decision in Rummel and that reversal is therefore appropriate here. Even if the Court were correct in its suggestion that the Hart test is inconsistent with Rummel...

..., the district judge appeared to apply a totality of conditions test. The court failed to analyze which conditions violated the prisoners' rights. The court further failed to analyze when the services...three areas were based either on an erroneous ruling that these mandated programs were required per se by the Eighth Amendment or on the use of the "totality of conditions" test discredited in...

..., 154 S.E. 730 (1930), Chief Justice Stacy wrote the classic statement of the sufficiency of the evidence test: It is sometimes difficult to..., 61 L.Ed.2d 560 (1979), the United States Supreme Court stated the constitutional test for determining the sufficiency of the evidence: "[T]he...). The Court, in announcing in a footnote that the above test was "the constitutional minimum required to enforce the due process right," noted that this test "is not novel." In so doing it approved...

...be innocently motivated . . . it is the relevancy of the evidence and not its sufficiency which determines its admissibility. According to this test, it does not matter that other inferences may be...test is whether a party would be entitled to a directed verdict on the same facts. United Oil Co. v. Urban Redevelopment Commission, supra, 380. "[A] summary disposition . . should be on evidence...

...." 503 F. Supp., at 417. In reaching this conclusion, the District Court applied the familiar test prescribed in...

...consideration of the explanatory language of the Advisory Committee, and Congress' subsequent strengthening amendment to the text of the Rule. But...

...issue of what may properly be used to test qualifications for employment is not present in this case. Where employers have instituted employment tests and qualifications with an exclusionary effect on...

...and substantially different offense. The full text of § 484-h is attached as Appendix A. It was enacted in L. 1965, c. 327, to replace an earlier version held invalid by the New York Court of Appeals...three-pronged test of subsection 1(f) for judging the obscenity of material sold to minors under 17 is a variable from the formulation for determining obscenity under Roth stated in the...danger test was irrelevant to the determination of obscenity made it unnecessary in that case to consider the debate among the authorities whether exposure to pornography caused antisocial...

...state court's development and application of federal constitutional law. See text accompanying note 11 supra. An authoritative pronouncement on the correctness of the state's decision on the.... As we shall see infra in text at n. 12, this is only one of the respects in which the majority's rul...

...that comity permits the state attorney general expressly to waive exhaustion on behalf of the state. The court regarded expressions of the kind quoted in the text "closely related to an express waiver...

...that amount to a loss of jurisdiction in the trial court, jurisdiction could not be restored by any decision above." It is of the historical essence of habeas corpus that it lies to test proceedings so...writ lay to test any restraint contrary to fundamental law, which in England stemmed ultimately from Magna Charta but in this country was embodied in the written Constitution. Congress in 1867 sought to...the standard of Rule 19. And the demands upon our time in the examination and decision of the large volume of petitions which fail to meet that test have unwarrantably taxed the resources of this Court...

..., as some other courts have held, promotes only the interests of state courts. See note 11 and accompanying text infra. We hold that, so far as state law is concerned, the attorney general...

.... Denationalization as a punishment certainly meets this test. It was never explicitly sanctioned by this Government until 1940 and never tested against the Constitution until this day...

.... Applying a "balancing test," see, e. g., ante, at 487-489, 489-490, 493-494, the Court...

...perception of the trial of a criminal case as a decisive and portentous event. Pp. 87-90. (d) Adoption of the "cause" and "prejudice" test of Francis, while...Estelle v. Williams, 425 U.S. 501, 513 (1976), proposed an "inexcusable procedural default" test to bar the availability of federal habeas review where the substantive r...significant than the language of the test the Court purports to apply. I therefore believe the Court has wisely refrained from attempting to give precise content to its "cause"-and-"prejudice" exception to...

...U.S.C. § 3575. United States v. Williamson, 567 F.2d 610, 616 (1977). See n. 20, supra, and accompanying text...

...federal-state comity, however, favor a cautious application of this test. Johnson v. Metz, 609 F.2d 1052, 1054 (2d Cir. 1979...

...Zicarelli, see text accompanying notes 19-21 infra. Here, the district court has separately considered and ruled upon each issue raised by...(1966); State v. Spivey, supra. The test of competency to stand trial is that enunciated in Dusky v. United States, 362 U.S. 402...claim which Trantino presented to the New Jersey Supreme Court. As the text sets out, p. 94 supra, the district court found that no Brady claim had ever been presented to any state court...

.... The same balancing test that is used in considering whether a prohibitory injunction shall issue is used when it is a mandatory injunctio...interlocutory judicial meddling, because a court interferes just as much when it orders the status quo preserved as when it changes it. The test is not even easy to apply, since it eddies off into conundrums..., 50 L.Ed.2d 389 (1976). This "rational relation" test is not ...

...Thompson test in federal habeas corpus proceedings will expand the number of meritless claims brought to the federal courts, will duplicate the work of the state appellate courts, will disserve the.... As the Court itself notes, we have instead repeatedly endorsed the "no evidence" test, and have continued to do so after Winship was decided...being somewhat narrower than — if only because it was stated quite differently from — the test used by the Courts of Appeals in reviewing federal convictions on direct appeal. See...

...ground for decision. In Murray v. Carrier, the Court rejected "a reworking of the cause and prejudice test . . . to dispense...." Id., at 495-496 (citation omitted). At several points in its opinion, the Court refers to a "miscarriage of justice" test to be applied in conjunction with the...alleged error undermined the accuracy of the guilt or sentencing determination"). The operative test is cause and prejudice; there is a kind of "safety valve" for the "extraordinary case" where a...

...in any subsequent opinion of the Supreme Court, including but not limited to Wainwright v. Sykes. As will be noted in the text to follow, Fay v. Noia affirmed the Second Circuit's...also defined the scope of Engle v. Isaac by stating that: "We revisited the cause and prejudice test in Engle v. Isaac, 456 U.S. 107...29.15 is a question that should not presently be reached for the reasons stated in the text of the memorandum opinion. IV...

...cause and prejudice standard apply? This court believes that the cause and prejudice test should apply to failures to present evidence for at least two reasons. First, the concern...alleged erroneous exclusion on habeas corpus absent a Sykes showing of cause and prejudice. Petitioner argued that the Sykes test should be limited to the facts of that case involving failures...." 102 S.Ct. at 1575, n. 43. Even if this court were to consider this claim under the prejudice prong of the Sykes test, it would have to dismiss the claim because, absent evi...

...the printed word. The courts, not the reasonable jury or even the majority of reasonable men, are responsible for the protection of freedom of speech. The substantial evidence test, usually employed to...particular material involved in the instant case is obscene and hence constitutionally unprotectible, as that term is interpreted by the Supreme Court. We are fully aware of the test enunciated in Roth v..., we believe this test was clearly sustained in the Supreme Court's most recent pronouncement in United States v. Reidel, supra, wherein the Court stated, "Roth...

...S.Ct. 2689, 86 L.Ed.2d 706 (1985), the Arizona Supreme Court recognized that Strickland altered the prior Arizona test articulated in...test for minimally competent representation to require counsel's actions to have fallen below objective standards of reasonable representation as measured by prevailing professional norms...). Notwithstanding the Arizona Supreme Court's recognition that Strickland produced a modified test for minimally competent representation, the court determined the pre-and post...

...deficiency, and likely has a learning disability in reading and math. Dr. Martell described the GSS suggestibility scale as a test of the degree of vulnerability a person has to...factors could temporarily make someone more suggestible. The test is administered by telling the subject a story, asking the subject to recall the story from memory, asking the subject to recall it again...after thirty minutes, and then asking the subject a series of suggestive questions that may or may not be answerable from the story. After the questions, the test administrator determines a score...

.... ___ , 131 S.Ct. 770 (2011), the U.S. Supreme Court explained that an "unreasonable application" of federal law is an objective test that turns on "whether it is possible that fairmin..., 469 U.S. 387, 391-405 (1985). Claims of ineffective assistance of counsel are reviewed according to Strickland 's two-pronged test...trial." Drope v. Missouri, 420 U.S. 162, 172 (1975). The test for competency to stand trial is whether the defendants "has sufficient...

..., by making changes likely to garner the support of a majority of the Senate without forcing them to alter the text of the House-passed bill. See 148 Congr. Rec. H402 (daily..., especially the text accompanying notes 25-29. It bears emphasizing that because any corporation or labor organization is prohibited from making a "contribution or expenditure in connection with any...... for limiting its coverage" and "the text or other source of congressional intent identified a clear line that this Court could draw." Reno...

...statutory test of alleging facts that entitle him to relief.... Moral character and intelligence sufficient to serve as jurors is the statutory test. N.C. Gen. Stat., 1943, § 9-1. Even in 1930 only 18.5% over 10 years of...to apply for coram nobis. The writ of coram nobis is available in North Carolina to test constitutional rights extraneous of...

...-3488 (CA6), pp. 26-27. This argument parallels the ones we discuss in text. It is, of course, possible to construe Isaac's confused petition and supporting memorandum to raise the claim...: The full text of Isaac's claim appears supra, at 139. It is plain that the Court's claims of "complexity" and "confusion" are merely a smokescreen, behind...of collateral review recognized since the days of Brown v. Allen [ 344 U.S. 443 (1953)], and enforced by the Fay bypass test...

...petition for a writ of federal habeas corpus should be dismissed without prejudice for failure to exhaust currently available and adequate state postconviction remedies under the test of Blunt v...

...set forth a four-part test for determining whether a prisoner's constitutional claim is procedurally defaulted and barred from habeas review. Courts must ascertain whether: (1) there is an applicable...balancing test, in which the conduct of both the prosecution and the defendant are weighed." Id. at 530. Courts should consider the length of the delay, the reason for the delay, the defendant's...

...function in certain enumerated areas, who has at least one IQ test score of seventy (70) or below, and in whom the retardation manifested itself before the age of eighteen (18). Id...

...Mackey requirement that the procedure at issue must implicate the fundamental fairness of the trial. Were we to employ the Palko test without more, we would be doing little more than importing...Palko test now, in this area of law, would be unnecessarily anachronistic. Cf. Benton v...Court, without benefit of briefing and oral argument, adopts a novel threshold test for federal review of state criminal convictions on habeas corpus. It does so without regard for — indeed, without even...

...have long disregarded legalistic requirements in examining applications for the writ and judged the papers by the simple statutory test of...

...rational and considered task of shaping his or her own life. The assemblage of statutes in the text above, from both Oklahoma and other States, reflects this basic assumption that our society makes...of minimum age for the death penalty are those discussed in the text and in n. 29, infra. Alaska (Territory of...implausible; and it is doubly implausible as an interpretation of the United States Constitution. The text of the Eighth Amendment, made applicable to the States by the...

...subjective test has obvious weaknesses in trying to apply a rational analysis"). The objective tests developed in other jurisdictions to assess the proportionality of punishments...with the punishments prescribed in the same jurisdiction for different offenses which, by the same test, must be deemed more serious.... Interestingly, subsequent to Lynch the United States Supreme Court adopted a strikingly similar three-part test for evaluating the...

.... Fully acknowledging the flaw Judge Johnson has detected, see supra note 4 and accompanying text (at 1531), it seems clear to me...the record is to the contrary. See infra notes 9-13 and accompanying text. II. The record shows that, after...federal constitutional attack on his conviction. See infra text at 1536-1539. The first three claims, stated in...

.... X. Finally, the panel majority adopted from Hart a test that "seeks to determine whether a significantly less severe...." 568 F.2d at 1198 citing Hart, 483 F.2d at 141. We reject that test as a part of the appropriate proportionality an.... This test was taken from Justice Brennan's concurring opinion in Furman v. Georgia, 408 U.S. 238, 300...

..., analysis of the second or "prejudice" prong of the Strickland test must include examination of whether counsel's deficient performance caused the outcome to be unreliable or the proceeding to be...; Armstead v. Scott, 37 F.3d at 207. The two-part test of Strickland v. Washington, has been applied by the Supreme Court and the Fifth Circ...variety of contextual challenges to the effectiveness of counsel's performance. Given the language of Strickland itself, the test applies to the conduct of counsel both in preparation for and at...

...balanced against the guarantees of the Fifth and Sixth Amendments. Pp. 672-678. 2. Application of the three-pronged test of Stovall v. Denno.... Illinois, supra, in each of which a right to a jury trial had been enunciated. In denying retroactivity, the integrity of each of the earlier proceedings, without a jury, was recognized. The test...applied in DeStefano was the Stovall test. 392 U.S., at 633-635. Similarly here, then, the three-prong test of Stovall...

...under the Salvucci test, we could not accept the Government's position that his trial tactic, denying knowledge of the bag, strips him of Fourth Amendment protection. The jury found Ross guilty.... See text at pp. 1170-71 and notes 31, 33, and 34 infra. .... To test whether the police officers' search of either the paper bag or the leather pouch invaded interests of Ross protected by the fourth amendment, I look to the expectation...

...in prison garb. This not only results in an illogical delineation of the particular right involved in this case, but also introduces into this Court's jurisprudence a novel and dangerously unfair test.... Zerbst voluntary waiver test as the standard for determination of the surrender of constitutional protections...-pass" test of Fay v. Noia, 372 U.S. 391 (1963), and the holding that an adequate state procedural ground that precludes review by...

...interpretation of § 2254(c), we have not blue-penciled the provision from the text of the statute. It is reasonable to infer an exception where the State has actually passed upon the claim, as in Brown...

...§ 11721 might be labeled "criminal" seems irrelevant, not only to the majority's own "treatment" test but to the "concept of ordered liberty" to...which the States must attain under the Fourteenth Amendment. The test is the overall purpose and effect of a State's act, and I submit that California's program relative to narcotic addicts — including...

...precious rights of due process and the writ of habeas corpus are not reserved solely for those who are polite and decorous. Indeed, the true test comes when these rights are to be guaranteed to a defendant...

...language of Carrier, but the logic of that opinion as well. We explained clearly that "cause" under the cause and prejudice test must be something external to the petitioner, something that...

...imposition of the two consecutive sixteen year sentences on the possession and distribution convictions, the court rejected the urged adoption of the Alaska "simple transaction" test, ruling that Section...Colorado Court of Appeals challenged his sentences as excessive. He urged the court to adopt the so-called "Alaska test" and certain Colorado decisions in holding that the acts charged constituted a...federal constitutional contentions on his appeal. Instead, he urged the court to adopt the so-called "Alaska test." Thus, no allegations were made of federal constitutional violations and none were...

...understanding, we reaffirm those holdings." Ante, at 499. In addition to the cases cited in text, in which we...gives rise, but also because it derives from a faulty analytic foundation. The text of § 1983 carries no explanation for today's decision; prisoners are still, I assume, "persons" within the meaning...

...have stated in the text above, the right not to be indicted by a discriminatorily selected grand jury, like the right not to have improperly obtained, but highly probative, evidence introduced at trial...

..., applied for certification from the National Shorthand Reporters Association ("NSRA"). On the basis of her California test scores, Lee obtained a national certification and began paying dues to the NSRA...two-pronged test for ascertaining admissibility of hearsay when a hearsay declarant is not present for cross-examination at trial, i.e., (1) is declarant unavailable, and (2) if so, does the...statement bear sufficient "indicia of reliability." Id. at 67. In applying that test, the state court said...

...complete failure of an attorney to conduct any meaningful pre-trial investigation will establish, prima facie, the first prong of the Strickland test...fails to satisfy the constitutional duty to investigate as defined in this circuit. Proof of such allegation would therefore satisfy the first prong of the Strickland test...unable to meet the burden imposed by the second prong of the Strickland test. Petitioner also argues that his counsel's entering into a stipulation as to the testimony of an...

...Code 65 (Tent. draft No. 9, 1959). See text accompanying nn. 26 through 30, supra...expenditure. That the law is, as it has been termed, a bloody law, I can by no means admit. Can there be a better test than by a consideration of the number of persons who have been executed for offences...Wilkerson v. Utah, supra, and applying the "manifestly cruel and unusual" test, that "[p]unishments are cruel when they involve torture or a lingering death; but the punishment of death is not cruel...

...the judgment. I agree with JUSTICE SCALIA's view that the proportionality test announced in Solem v. Helm, 463 U.S.... 277 (1983), is incapable of judicial application. Even were Solem's test perfectly clear, however, I would not feel compelled by stare decisis to apply it. In my view, the Cruel and...and unusual punishments inflicted"). Faithful to the Amendment's text, this Court has held that the Constitution directs judges to apply their best judgment in determining the proportionality of fines...

..., 49 L.Ed.2d at 880). "No static `test' can exist by which courts determine whether conditions of confinement are cruel and unusual, for..."totality of conditions" test that we applied in Jones v. Diamond, 636 F.2d 1364, 1368 (5th Cir. 1981) (en banc.... Chapman as adopting that test, just as another panel of this court recently did in Stewart v. Winter, 669 F.2d 328, 335-36 n. 17 (5th...

...containing a statement of what each party offered evidence to prove, the questions of law and, to test rulings on evidence, the specific portion of the trial record which disclosed the context in which the...second element of the test we propose, we think that the preferable course of action when mug shots are to be introduced would be to produce photographic duplicates of the mug shots. These copies would...conclusions of his fellows, or that having reached a conclusion, he or she should obstinately adhere to it without a conscientious effort to test its validity by the views entertained by the other jurors...

...applying this balancing test, a successful challenge of a sentence is rare. Solem v. Helm, 463 U.S. at 289-90..., 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), which articulated a two-part test for resolving such challenges. First...to the court clearly indicated that blood type was not relevant to blood enzyme type. Therefore, to resolve any question, petitioner was "offered an opportunity to have laboratory personnel test his...

...Montgomery, as applied to deny a free transcript to an indigent, could not meet the test of our prior decisions. Nor do we believe there can be any doubt that petitioner...

...representative. Even if such relief is no longer sought, a remand order is inappropriate for the reasons noted in text. Accordingly, defendants' motion to remand is denied.... Under the circumstances of this case, we believe that the "fair ground for litigation" test for prelim..."accommodates the interests of the courts and claimants by providing that only those few cases that the agency, after consultation with the Department of Justice, has determined are appropriate test...

.... 198, 201 [ 81 P. 1041].) The Finley court adopted an "excessive" or "disproportionate" test by which to judge whether a punishment was...the broader test of widespread acceptance among civilized peoples, capital punishment can no longer withstand constitutional proscription. Respondent seeks to avoid this conclusion by suggesting that...

..., the en banc Court rejected a per se rule of prejudice in ineffective assistance of counsel cases. It also rejected an outcome-determinative test as setting too high a standard, and...

...nobis, and writ of error before getting a hearing in a federal court. See note 1 and text; also note 2. "[The] inevitable...

..."unreasonable application" test should only review the "state court's `decision' and not the written opinion explaining that decision." Neal v...

..., § 11, this Court has held, on the basis of a careful examination of the text and history of the latter clause, and the understanding of the voters who adopted it, that it should not be interpreted to..."same transaction" test for double jeopardy in the context of successive prosecutions), with Grady v Corbin, 495 U.S. 508..., 390 Mich. 7, 22; 210 N.W.2d 336 (1973); (adopting an objective test for criminal entrapment), with...

...change, however, has no effect on the present case, because § 319 was repealed effective that same date. The law stated in the text, above, was the law in effect while § 319 was in operation...

...impact evidence in Oklahoma is not relevant to Oklahoma's "death penalty scheme" which requires a balancing test of aggravating and mitigating circumstances. (Dkt. #12 at 104). He claims it operates..., 45 F.3d 388, 392 (10th Cir. 1995). The Strickland test requires a showing of both deficient performance by counsel and prejudice to Petitioner as a result of the deficien...prejudice prong of the test, Petitioner must show that the allegedly deficient performance prejudiced the defense; namely, "that there is a reasonable probability that, but for counsel's unprofessional...

...defendants: the general questions were meant to avoid any improper suggestion, and the blanket questioning was meant to test whether more than the two jurors might have heard about the handcuff scene...convictions."). That is not the issue, but a straw man. If it were the issue, we would agree, though in much shorter order, that a negative answer is compelled by the Guideline text itself...

..., 290 S.E.2d 260 (1981). Defendant's challenge to the sufficiency of the evidence also fails. After applying our test from Syllabus Point 1 in...test the sufficiency of the charge and indictment, failed to conduct an investigation to develop the possibility of a defense and therefore called no witnesses, did not object to many matters at...the conscience, a disproportionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher...

..., 45 F.3d 388, 394-95 (10th Cir. 1995). The Strickland test requires a showing of both deficient performance by counsel and prejudice to Petitioner as a result of the...test, Petitioner must overcome a strong presumption that counsel's conduct fell within the "wide range of reasonable professional assistance [that] . . . might be considered sound trial strategy...Strickland test qualifies as "clearly established Federal law, as determined by the Supreme Court" under AEDPA, and must be applied in reviewing an ineffective-assistance claim. See Williams v. Taylor...

...court can look to (1) the text of the state court order, and (2) the circumstances surrounding the order. Wilson v. Moore, 178 F.3d 266...on Blockburger v. United States, 52 S.Ct. 180 (1932) the court correctly noted that "the 'Blockburger test,' states that two...court then applied the test to the instant case and found the claim to be without merit: Applying the Blockburger test to these two offenses, they...

.... Strickland, 466 U.S. at 688. Both prongs of the Strickland test must be met to demonstrate ineffective assistance. Id. at 687, 697. In applying this ...

...to marry, and the right to procreate, courts apply a strict scrutiny test. Under that test, a law may only be deemed constitutional if it is narrowly tailored to a compelling state interest.... Alternatively, where laws restrict ... other rights ... which are undeniably important, but not fundamental, ... courts apply a rational basis test...tailored to a compelling governmental interest, statutes limiting other rights are subject to a rational basis test. Notably, the federal rational basis test differs significantly from our own in terms of...

...has been applied in a civil action and that it is common law only, though supplemented by statute. . . . The test is not the form in which state power has been applied but, whatever the form, whether..., 45 S.Ct. at 629. Third, the expansion of the naked, seemingly unambiguous text of "Congress shall make no law . . ." to the present full dress of first amendment applications ha...the first amendment has never been considered as absolute dogma that runs roughshod over other fundamental values. We recognize that in adding the formidable gloss to the naked constitutional text of...

...); Boyette v. LeFevre, 246 F.3d 76, 88 (2d Cir. 2001). In providing guidance concerning application of this test, the Second Circuit has...standard for evaluating a claim that appellate counsel was ineffective is the test enunciated in Strickland. See Smith v. Robbins, 528 U.S...

...examined under a two-step test: The first step is to determine whether the challenged confrontation between the witness and the suspect was "impermissibly...." Sumner v. Mata, supra, 455 U.S. at 597, 102 S.Ct. at 1307. Considering the first part of the two-step..., 18 L.Ed.2d 1199 (1967). The focus in this case is on the second step of the test: whether the in-court identification was reliable, even...

...alternative ruling on the merits. The district judge was right to doubt that deliberate bypass is still the test for whether a failure to follow normal procedures for raising..., 830 (1982), ends these speculations by extending the Wainwright test to section 2255 proceedings. Now it may well be a fair inference to draw from Wainwright and... because he failed to show "cause and actual prejudice"; nor did the district court "doubt" — correctly or otherwise — "that deliberate bypass is still the test...

.... A. The Test As it has developed, the "proportionality" test for determining whether a sentence for a crime is so excessive as to violate the Eigh...Wisconsin L.Rev. 655. Although the aim of this test is to reduce the amount of judicial subjectivity in Eighth Amendment jurisprudence, it is quite obvious that the first step can easily become a...the constitutional test is intertwined with an assessment of contemporary standards and the legislative judgment weighs heavily in ascertaining such standards. "[I]n a...

..., 86 S.Ct. 279, 15 L.Ed.2d 210 (1965), the Court applied without much elaboration the Tot test, which required simply...not" test might also be required to satisfy the criminal "reasonable doubt" standard if proof of the crime charged or an essential element thereof depended upon the presumption's use, but declined to...reach the issue because the presumption at issue failed to meet even the less stringent test. 395 U.S. at 36 n. 64...

...of the text given the relevant context of the statute.” The sentencing statute supplies guidance to the decision-maker by illustrating...Strickland v. Washington, the United States Supreme Court announced the two-part test for ineffective assistance of counsel claims. First...ultimately she did not conclude that he met the test for an antisocial diagnosis. The neuropsychologist also testified that she did not believe Mr. Houston suffered from psychopathy. In supporting her opinion...

...first prong of the test for constitutionally inadequate counsel established by the Supreme Court in Strickland v. Washington, 466 U.S. 668, 687...Strickland test. B. Performance As I have discussed, Cuppett had a strong and meritorious argument under the Sixth...to the course of criminal procedure. Gideon and Burgett, however, have stood the test of time for thirty years. It remains to be seen whether the guidelines will fare as well...

...applied Fay's deliberate by-pass test to a federal prisoner who had objected to the introduction of evidence at trial but had not...." Id. at 228, 89 S.Ct. at 1075. Neither Fay nor Kaufman indicated that the deliberate by-pass test was only applicable in...at trial in the hope of winning an acquittal despite the objectionable material, but with the knowledge that a conviction could be attacked on federal habeas. Although the deliberate by-pass test would...

...punishment in other states for "more serious" crimes committed in California shows his sentence is grossly disproportionate. Those arguments are unpersuasive. The interjurisdictional test does not...court of appeals for the circuit in which the proceeding is held. (b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another...district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.(c) (1...

...second aspect of the Lynch analysis is a comparison of the punishment in question with sentences provided in California for " different offenses which, by the same test, must be deemed...[ 113 Cal.Rptr. 361, 521 P.2d 97]) as always to measure and test the authority's discretion, as...

.... JUSTICE O'CONNOR criticizes our failure to highlight in text the fact that Congress has considered, but fail...state criminal prosecutions. The only protections the Constitution afforded to state prisoners were those for which the text of the Constitution explicitly limited the authority of the States, most.... We rejected the argument, saying that "the [ Teague] test would be meaningless if applied at this level of generality. Cf...

...condition of acquiring or retaining membership. Since its creation, the Foundation has supported numerous test cases brought against labor organizations..., 50 (D.D.C. 1974). The court subsequently reversed itself on this issue. See text infra at ___, ___-___ of 192 U.S.App.D.C., at 1146, 1153-1155 of 590 F.2d...; see text infra at ___-___ of 192 U.S.App.D.C., at 1146-1147 of 590 F.2d. The Foundation also refused to disclose the names and addresses of the fifty largest contributors to the Foundation in...

.... No static "test" can exist by which courts determine whether conditions of confinement are cruel and unusual, for the Eighth Amendment "must draw its meaning from the evolving...). The Court today adopts the totality-of-the-circumstances test. See ante, at 347 (Prison conditions "alone or in combination, may deprive inmates of th...

...the dominant theme of the material broadcast by Sonderling was addressed to the prurient interest and was therefore condemnable under that element of the Memoirs test. (J.A. 38) Miller...Commission. (Reply Br. 14) We see no point in pursuing in the abstract the question whether the finding of obscenity here survives the narrowing of the second test that was accomplished in Miller...substantive decision on the basis of a legal test of obscenity formulated after the Commission's decision. Fourth, I will argue that the history of the case discussed previously, demonstrates that the...

...held. (b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged...with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.(c) (1) Unless a circuit justice or judge issues a certificate of...

Loading..
Loading..

Please log in or register for a free trial to access these features.

s Register now

Got It