LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
1	because of our holding here, we recede from our prior decisions on this issue to the extent that they do not conform to the procedure outlined herein.
1	city of pasadena's assertion that a municipally owned utility is not a "public utility" within the meaning of article xii (see 183 cal. at pp. 530-532), although not expressly disapproved by los angeles met. transit authority v. public util. com., supra, 59 cal.2d 863, is clearly inconsistent with the holding in the transit authority case sustaining puc jurisdiction over a municipally owned common carrier.
0	see montgomery v. louisiana, 577 u.s. , , 136 s.ct. 718, 737738, 193 l.ed.2d 599 (2016) (scalia, j., dissenting) (recounting history).
0	id. msha acknowledged that ""the nearest mine opening may not always be the safest route to the surface"" and different ""factors affect whether or not the safest, most direct, practical route has been selected,"" such as ""roof conditions, travel height, fan location, physical dimensions of the mine opening, and similar considerations.""
0	it is unlikely that similar circumstances will often be replicated, but where a judge does come to have no matter how extrajudicial ""personal knowledge"" of a ""disputed evidentiary fact[],"" as we conclude was the case here, the trial judge is required to recuse herself under subsection (a) of canon 3(e)(1); model judicial code, rule 2.11(a)(1).
1	we therefore conclude that the improper-purpose doctrine has not worked well in practice, and that more good than harm will come by departing from precedent.
1	as noted in vesely v. sager, supra, most of the recent decisions have rejected the no-proximate-cause rubric.
1	to the extent that the court of appeals held in hart v. state, 319 ga.app. 749, 738 s.e.2d 331 (2013), that a paraprofessional is a "teacher" for purposes of ocga 16-6-5.1
1	therefore the turlock and laguna beach cases are overruled.
1	we see no intelligent reason longer to adhere to and accordingly we overrule, the holdings in state v. williams, 340 so.2d 1382 (la. 1976) and state v. williams, 322 so.2d 177 (la. 1975), that excessiveness of sentence may not be reviewed in the absence of formal objection there being no statutory requirement for such objection, and there being no remaining functional reason for these decisions' court-imposed requirement for the technicality of requiring an objection for such purpose.
0	under those circumstances, the defendant waived any claim that the court lacked personal jurisdiction over him in this action (see american home mtge. servicing, inc. v arklis, 150 ad3d at 1182).
0	[24] the michels argue the district court should have held an evidentiary hearing and rely on britton, 2013 mt 30, 27, 300 p.3d 667, in which the montana supreme court held due process requires an evidentiary hearing in partition actions under certain circumstances.
1	to the extent that the decision in wilson v. united states, 669 f.supp. 563 (e.d.n.y. 1987), is inconsistent with our holding here, we overrule it.
1	in light of the caswell decision, the rule expressed in loschiavo, that a federal regulation alone may create a right enforceable through 1983, is no longer viable.
0	taken in light of the parties' contentious history, the evidence did not so clearly preponderate against the trial court's decision as to render it erroneous.
0	as an aside, the steelvest court indicated that under the common law civil conspiracy-type claims result in joint and several liability.
1	while not limited to these cases, to the extent the following cases are in conflict, they are overruled.
0	569 u.s., at , 133 s.ct., at 1576(dissenting opinion).
1	##note: people v. segura reversed not overruled.
1	compare united states v. ibarra-galindo, 206 f. 3d 1337 (ca9 2000) (in sentencing case, state-law felony is an aggravated felony); united states v. pornes-garcia, 171 f. 3d 142 (ca2 1999) (same), with cazarezgutierrez v. ashcroft, 382 f. 3d 905 (ca9 2004) (in immigration case, state-law felony is not an aggravated felony); aguirre v. ins.
1	we now recede from the language in blacker stating that a minimum mandatory sentence cannot be imposed upon a defendant, initially sentenced as a youthful offender, who later substantively violates probation or community control.
1	we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill (1975) 14 cal.3d 943, 948 [ 123 cal.rptr. 297, 538 p.2d 753].
0	the trustee notes that debtor fails to meet the first prerequisite of standing under weston, because he did not file any objection to the sale motion.
1	roberts' framework is unpredictable.
0	in people v king, 384 mich 310, 312-313; 181 nw2d 916 (1970), the supreme court did not find it unduly suggestive when, after the witness made his identification, it was indicated to him that he had identified the individual whom the police suspected.
0	initially, in opposition to petitioner's motion for class certification, respondent relied primarily on the governmental operations rule, which provides that class actions are not a superior method for resolving multiple claims against administrative agencies because stare decisis will protect the potential class members by ensuring prospective application of a favorable judgment.
1	to the extent that the bingham case and the state national bank case, referred to above, are inconsistent with the views expressed in this opinion, they are now over-ruled.
0	see bernhardt v. state, 684 n.w.2d 465, 476-77 (minn.
0	see united states v. houston, 813 f.3d 282, 296 (6th cir. 2016).
1	the supreme court's decision in brown expressly disapproved of vallieres to the extent that it conflicted with its interpretation that the extension could be granted as long as the speedy trial time and recapture period had not expired.
1	we approve the decisions in woolard and marquez, disapprove the decision in morrison, and quash the decision below.
1	thus, we overrule any contrary dicta in hurst to the extent that it may be read as conflicting with this opinion.
1	frazee remains good law, and howell's statement to the contrary should no longer be followed.
1	the hobson opinion is overruled to the extent that it may be inconsistent with our opinion in this case.
1	moreover, our analysis of the decisions of the united states supreme court now requires us to recede from that portion ofgrossman which relied upon the interlocking nature of the confession to provide the requisite indicia of reliability.
0	see terry v. ohio, 392 u.s. 1, 30 (1968) (holding that police may stop and briefly detain a person for purposes of investigation if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot).
0	sussex and berkoff each established their prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging violations of labor law 240(1) and 241(6) insofar as asserted against sussex.
0	thus, the record reflects the prosecutor permissibly commented on what the evidence was expected to show at trial, and we find no error as alleged by defendant.
0	see hubbell, 530 u.s. at 43.
1	baker/gray then held that self-defense is an intentional act and second-degree manslaughter and reckless homicide are unintentional acts; a fortiori, an act committed in self-defense can never constitute the crimes of second-degree manslaughter or reckless homicide, overruling blake v. commonwealth.
1	to the extent our previous holding in slaughterback v. state, 594 p.2d 780 (okla.
1	accordingly, we recede from any suggestion in pembroke pines that the supreme court's holding in lake county indicates that a court can never separately analyze each of the services funded within an integrated fire services budget to insure that each component survives the required special benefits test.
1	to the extent that this conclusion is inconsistent with in re e.t . , 2008 vt 48, 184 vt. 273, 959 a.2d 544, or in re l.g. , 158 vt. 639, 603 a.2d 381 (1992) (mem.), those cases are overruled.
0	given the trial judge's vast discretion in awarding damages, we cannot find that the trial court's award is unsupported by the record or clearly wrong.
1	to the extent that adame v. hernandez, 327 ga.app. 869, 874(3)(b), 761 s.e.2d 402 (2014), holds that the trial court must support, with written findings, its exercise of discretion and consideration of the best interest of the child for whom child support is being awarded when applying a theoretical child support order under ocga 19615(f)(5)(c), it is hereby overruled.
1	to the extent that schultz requires executive capacity as the sine quanon of the admission by a party-opponent exception to the hearsay rule, it is incorrect and is overruled.
1	to the extent that lantz is inconsistent with our holding today, it is overruled.
1	to the extent flint hill and lake st. louis hold that adoption of a resolution of intent to annex is the first valid step of an annexation, they are overruled.
0	plaintiffs' remaining contentions, to the extent not specifically addressed herein, have been reviewed and found to be without merit.
0	c. defendants' claims for other fees.
1	we granted certiorari in redden and quashed the order under review, so no harm is done, but we specifically recede from that decision.
0	we disagree that these considerations establish an injury in fact to the tippinses, i.e., a concrete and particularized injury that is actual or imminent and not merely hypothetical.
1	to arrive at a solution to their perceived problem, the majority casually overrules bain v. state, 677 s.w.2d 51 (tex.cr.app. 1984), and dodson v. state, 646 s.w.2d 177 (tex.cr.app. 1980), simply on the mere pretext that the instant arrest was illegal.
0	green v. state, 934 s.w.2d 92, 102 (tex. crim. app. 1996) (internal quotations omitted).
0	applying the four-factor test from barker v. wingo, 407 u.s. 514 (1972), the district court first found that ""the delay . . . of nearly six years create[d] a presumption of prejudice and justifie[d] further inquiry.""
0	in its decision, handed down on april 3, 2017, the court held that ""[n]othing in 924(c) restricts the authority conferred on sentencing courts by 3553(a) and the related provisions to consider a sentence imposed under 924(c) when calculating a just sentence for the predicate count.""
0	furthermore, the board found ""compelling"" mallinckrodt's argument based on secondary considerations, namely that ""if it were obvious to a person of ordinary skill in the art to exclude children with lvd from treatment with [nitric oxide], the experts in the field who designed the [inot22] study would have excluded those children from the original protocol.""
1	for the reasons explained here, our decision in echols is overruled, and riley's conviction and sentence are affirmed.
1	77 so.2d 845 is modified so as to conform to the view expressed herein.
0	elliot podhorzer, esq., court attorney for the subject child, having moved on the child's behalf for leave to respond, as a poor person, to the appeal taken from two orders of the family court, new york county, entered on or about april 26, 2018 and may 2, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is granted to the extent of (1) assigning, pursuant to 1120 of the family court act, hani m. moskowitz, esq., 225 broadway, suite #715, new york, ny 10007, telephone no. (212) 227-8208, as counsel for purposes of responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent's brief, on condition that one copy of such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this court.
1	to the extent larose is inconsistent with this holding, it is overruled.
1	to the extent that this court's decision in harris is inconsistent with this opinion, it is expressly overruled.
0	suding did not request a continuance and thus the issue is waived.
1	thus, the statements in these older cases merely reflected the prevailing law at the time, a rule abrogated by the present version of section 634
0	2017) (citations, internal quotation marks, and brackets omitted), cert. denied, 138 s. ct. 983 (2018).
0	the memorandum highlights that, for the first time, this court held that ""whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination.""
0	id. at 456.
0	petro-chem., 514 s.w.2d at 245-46.
0	the agency may base a credibility finding on an asylum applicant's ""demeanor, candor, or responsiveness""; the ""inherent plausibility"" of his account; the consistency among his written statements, oral statements, and other record evidence; and ""any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor.""
0	following the hearing on the exceptions, the trial court concluded that the peremptory exception of no right of action should be overruled, and therefore the dilatory exception of prematurity is moot.
1	in vacating the circuit court's suppression order, we overrule our prior decision in state v. endo, 83 hawaii 87, 924 p.2d 581 (app.1996), where we held under similar circumstances that a misdated search warrant was invalid.
1	we recede from adams and quash the decision below to the extent that it conflicts with this opinion.
0	advancing a theory that the 2010 order resolved any outstanding motion.
1	given domond, it is clear that this ground is contrary to current precedent, and cannot stand.
1	in so holding, we decline to follow this court's decision in wickersham ford, inc. v. orange county, 701 s.w.2d 344 (tex.app. beaumont 1985, no writ), which found orange county to be both a person and a corporation under art. 2226.
0	toward the end of its analysis, the court again, in the context of analyzing the spectrum of laws and cases establishing limits on punitive awards, observes ... the upper limit is not directed to cases like this one, where the tortious action was worse than negligent but less than malicious, ... the 3:1 ratio ... applies to awards in quite different cases involving ... malicious behavior and dangerous activity carried on for the purpose of increasing a tortfeasor's financial gain.
0	the legislative history informs our interpretation of 1498.
1	recently, this court receded from hallman to the extent that we held that all newly discovered evidence claims should now be brought in a motion pursuant to florida rule of criminal procedure 3.850 and that such claims would not be cognizable in an application for writ of error coram nobis unless the defendant was not in custody.
0	jackson, 177 so. 3d at 932 (quoting inmin v. state, 668 so. 2d 152, 155 (ala. crim. app. 1995), citing in turn bamberg v. state, 611 so. 2d 450, 452 (ala. crim. app. 1992)).
0	the commission further held that the swb could rely upon earlier reprimands in issuing future discipline.
0	nowhere does peaches explain what remedy she would have had if the victim had refused her entry or ejected her from his home.
0	he alleges only that counsel was tardy in passing on the revised plea offer.
0	people v. reid, 136 ill. 2d 27, 38 (1990).
1	accordingly, we quash the decision below and disapprove the first district's decision in toner.
1	therefore, we overrule ortiz and johnson to the extent that they hold that facts gathered during a valid traffic stop cannot be utilized to justify an investigatory detention occurring after a police officer has indicated that a defendant is free to leave.
1	williams co. v. director of revenue, 799 s.w.2d 602 (mo.banc 1990), is overruled to the extent it holds that the fifty-percent threshold requirement of section 143.431.3(1) is constitutionally valid.
0	the district court dismissed smith's ada claims against dmh as barred by the eleventh amendment.
0	see crowell constructors, inc. v. state ex rel. cobey, 328 n.c. 563, 563-64, 402 s.e.2d 407, 408 (1991); mckinney v. duncan, ___ n.c. app. ___, ___, 808 s.e.2d 509, 512 (2017) (""the order is devoid of any stamp-file or other marking necessary to indicate a filing date, and therefore it was not entered.
0	of most relevance here, the u.s. bank action was filed on september 15, 2010, in the u.s. district court for the northern district of texas by u.s. bank national association (""u.s. bank""), the entity appointed litigation trustee in idearc's bankruptcy, to recover funds for the benefit of idearc debt securities holders and other creditors.
0	reyes also appears to assert the district court improperly did not permit him to file a reply after the state filed its opposition to his petition.
1	to the extent that the holding in wilson v. bureau of state police, supra, conflicts with this opinion, it is overruled.
0	see pa.r.d.e. 218(f).
0	and, porter's cited authority, walton gen. contractors, inc. v. chicago forming, inc., 111 f.3d 1376, 1385 (8th cir. 1997) is inapposite.
1	because aspects of the analysis in kuha are inconsistent with our opinion today, and are likely to sow confusion if left undisturbed, we abandon part ii.c of our opinion in kuha as circuit precedent.
1	also, to the extent that colvin, green, and other cases are in conflict with our holding today, they are overruled.
1	voisine and armstrong filed a joint petition for certiorari, and shortly after issuing castleman , this court (without opinion) vacated the first circuit's judgments and remanded the cases for further consideration in light of that decision.
0	even if his earlier filings had passed muster, trying a case is more difficult than drafting minimally coherent documents.
1	accordingly, we approve the decision of the fifth district court of appeal in the instant case and expressly disapprove the decision of the second district court of appeal in hofeling to the extent that it is inconsistent with the dictates of this opinion.
0	narrowstep, 2010 wl 5422405, at *12.
1	to the extent that lee v. state, 490 p.2d 1206, 1210 (alaska 1971), holds otherwise, we hereby overrule that case.

1

because of our holding here, we recede from our prior decisions on this issue to the extent that they do not conform to the procedure outlined herein.

1

city of pasadena's assertion that a municipally owned utility is not a "public utility" within the meaning of article xii (see 183 cal. at pp. 530-532), although not expressly disapproved by los angeles met. transit authority v. public util. com., supra, 59 cal.2d 863, is clearly inconsistent with the holding in the transit authority case sustaining puc jurisdiction over a municipally owned common carrier.

0

see montgomery v. louisiana, 577 u.s. , , 136 s.ct. 718, 737738, 193 l.ed.2d 599 (2016) (scalia, j., dissenting) (recounting history).

0

id. msha acknowledged that ""the nearest mine opening may not always be the safest route to the surface"" and different ""factors affect whether or not the safest, most direct, practical route has been selected,"" such as ""roof conditions, travel height, fan location, physical dimensions of the mine opening, and similar considerations.""

0

it is unlikely that similar circumstances will often be replicated, but where a judge does come to have no matter how extrajudicial ""personal knowledge"" of a ""disputed evidentiary fact[],"" as we conclude was the case here, the trial judge is required to recuse herself under subsection (a) of canon 3(e)(1); model judicial code, rule 2.11(a)(1).

1

we therefore conclude that the improper-purpose doctrine has not worked well in practice, and that more good than harm will come by departing from precedent.

1

as noted in vesely v. sager, supra, most of the recent decisions have rejected the no-proximate-cause rubric.

1

to the extent that the court of appeals held in hart v. state, 319 ga.app. 749, 738 s.e.2d 331 (2013), that a paraprofessional is a "teacher" for purposes of ocga 16-6-5.1

1

therefore the turlock and laguna beach cases are overruled.

1

we see no intelligent reason longer to adhere to and accordingly we overrule, the holdings in state v. williams, 340 so.2d 1382 (la. 1976) and state v. williams, 322 so.2d 177 (la. 1975), that excessiveness of sentence may not be reviewed in the absence of formal objection there being no statutory requirement for such objection, and there being no remaining functional reason for these decisions' court-imposed requirement for the technicality of requiring an objection for such purpose.

0

under those circumstances, the defendant waived any claim that the court lacked personal jurisdiction over him in this action (see american home mtge. servicing, inc. v arklis, 150 ad3d at 1182).

0

[24] the michels argue the district court should have held an evidentiary hearing and rely on britton, 2013 mt 30, 27, 300 p.3d 667, in which the montana supreme court held due process requires an evidentiary hearing in partition actions under certain circumstances.

1

to the extent that the decision in wilson v. united states, 669 f.supp. 563 (e.d.n.y. 1987), is inconsistent with our holding here, we overrule it.

1

in light of the caswell decision, the rule expressed in loschiavo, that a federal regulation alone may create a right enforceable through 1983, is no longer viable.

0

taken in light of the parties' contentious history, the evidence did not so clearly preponderate against the trial court's decision as to render it erroneous.

0

as an aside, the steelvest court indicated that under the common law civil conspiracy-type claims result in joint and several liability.

1

while not limited to these cases, to the extent the following cases are in conflict, they are overruled.

0

569 u.s., at , 133 s.ct., at 1576(dissenting opinion).

1

##note: people v. segura reversed not overruled.

1

compare united states v. ibarra-galindo, 206 f. 3d 1337 (ca9 2000) (in sentencing case, state-law felony is an aggravated felony); united states v. pornes-garcia, 171 f. 3d 142 (ca2 1999) (same), with cazarezgutierrez v. ashcroft, 382 f. 3d 905 (ca9 2004) (in immigration case, state-law felony is not an aggravated felony); aguirre v. ins.

1

we now recede from the language in blacker stating that a minimum mandatory sentence cannot be imposed upon a defendant, initially sentenced as a youthful offender, who later substantively violates probation or community control.

1

we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill (1975) 14 cal.3d 943, 948 [ 123 cal.rptr. 297, 538 p.2d 753].

0

the trustee notes that debtor fails to meet the first prerequisite of standing under weston, because he did not file any objection to the sale motion.

1

roberts' framework is unpredictable.

0

in people v king, 384 mich 310, 312-313; 181 nw2d 916 (1970), the supreme court did not find it unduly suggestive when, after the witness made his identification, it was indicated to him that he had identified the individual whom the police suspected.

0

initially, in opposition to petitioner's motion for class certification, respondent relied primarily on the governmental operations rule, which provides that class actions are not a superior method for resolving multiple claims against administrative agencies because stare decisis will protect the potential class members by ensuring prospective application of a favorable judgment.

1

to the extent that the bingham case and the state national bank case, referred to above, are inconsistent with the views expressed in this opinion, they are now over-ruled.

0

see bernhardt v. state, 684 n.w.2d 465, 476-77 (minn.

0

see united states v. houston, 813 f.3d 282, 296 (6th cir. 2016).

1

the supreme court's decision in brown expressly disapproved of vallieres to the extent that it conflicted with its interpretation that the extension could be granted as long as the speedy trial time and recapture period had not expired.

1

we approve the decisions in woolard and marquez, disapprove the decision in morrison, and quash the decision below.

1

thus, we overrule any contrary dicta in hurst to the extent that it may be read as conflicting with this opinion.

1

frazee remains good law, and howell's statement to the contrary should no longer be followed.

1

the hobson opinion is overruled to the extent that it may be inconsistent with our opinion in this case.

1

moreover, our analysis of the decisions of the united states supreme court now requires us to recede from that portion ofgrossman which relied upon the interlocking nature of the confession to provide the requisite indicia of reliability.

0

see terry v. ohio, 392 u.s. 1, 30 (1968) (holding that police may stop and briefly detain a person for purposes of investigation if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot).

0

sussex and berkoff each established their prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging violations of labor law 240(1) and 241(6) insofar as asserted against sussex.

0

thus, the record reflects the prosecutor permissibly commented on what the evidence was expected to show at trial, and we find no error as alleged by defendant.

0

see hubbell, 530 u.s. at 43.

1

baker/gray then held that self-defense is an intentional act and second-degree manslaughter and reckless homicide are unintentional acts; a fortiori, an act committed in self-defense can never constitute the crimes of second-degree manslaughter or reckless homicide, overruling blake v. commonwealth.

1

to the extent our previous holding in slaughterback v. state, 594 p.2d 780 (okla.

1

accordingly, we recede from any suggestion in pembroke pines that the supreme court's holding in lake county indicates that a court can never separately analyze each of the services funded within an integrated fire services budget to insure that each component survives the required special benefits test.

1

to the extent that this conclusion is inconsistent with in re e.t . , 2008 vt 48, 184 vt. 273, 959 a.2d 544, or in re l.g. , 158 vt. 639, 603 a.2d 381 (1992) (mem.), those cases are overruled.

0

given the trial judge's vast discretion in awarding damages, we cannot find that the trial court's award is unsupported by the record or clearly wrong.

1

to the extent that adame v. hernandez, 327 ga.app. 869, 874(3)(b), 761 s.e.2d 402 (2014), holds that the trial court must support, with written findings, its exercise of discretion and consideration of the best interest of the child for whom child support is being awarded when applying a theoretical child support order under ocga 19615(f)(5)(c), it is hereby overruled.

1

to the extent that schultz requires executive capacity as the sine quanon of the admission by a party-opponent exception to the hearsay rule, it is incorrect and is overruled.

1

to the extent that lantz is inconsistent with our holding today, it is overruled.

1

to the extent flint hill and lake st. louis hold that adoption of a resolution of intent to annex is the first valid step of an annexation, they are overruled.

0

plaintiffs' remaining contentions, to the extent not specifically addressed herein, have been reviewed and found to be without merit.

0

c. defendants' claims for other fees.

1

we granted certiorari in redden and quashed the order under review, so no harm is done, but we specifically recede from that decision.

0

we disagree that these considerations establish an injury in fact to the tippinses, i.e., a concrete and particularized injury that is actual or imminent and not merely hypothetical.

1

to arrive at a solution to their perceived problem, the majority casually overrules bain v. state, 677 s.w.2d 51 (tex.cr.app. 1984), and dodson v. state, 646 s.w.2d 177 (tex.cr.app. 1980), simply on the mere pretext that the instant arrest was illegal.

0

green v. state, 934 s.w.2d 92, 102 (tex. crim. app. 1996) (internal quotations omitted).

0

applying the four-factor test from barker v. wingo, 407 u.s. 514 (1972), the district court first found that ""the delay . . . of nearly six years create[d] a presumption of prejudice and justifie[d] further inquiry.""

0

in its decision, handed down on april 3, 2017, the court held that ""[n]othing in 924(c) restricts the authority conferred on sentencing courts by 3553(a) and the related provisions to consider a sentence imposed under 924(c) when calculating a just sentence for the predicate count.""

0

furthermore, the board found ""compelling"" mallinckrodt's argument based on secondary considerations, namely that ""if it were obvious to a person of ordinary skill in the art to exclude children with lvd from treatment with [nitric oxide], the experts in the field who designed the [inot22] study would have excluded those children from the original protocol.""

1

for the reasons explained here, our decision in echols is overruled, and riley's conviction and sentence are affirmed.

1

77 so.2d 845 is modified so as to conform to the view expressed herein.

0

elliot podhorzer, esq., court attorney for the subject child, having moved on the child's behalf for leave to respond, as a poor person, to the appeal taken from two orders of the family court, new york county, entered on or about april 26, 2018 and may 2, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is granted to the extent of (1) assigning, pursuant to 1120 of the family court act, hani m. moskowitz, esq., 225 broadway, suite #715, new york, ny 10007, telephone no. (212) 227-8208, as counsel for purposes of responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent's brief, on condition that one copy of such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this court.

1

to the extent larose is inconsistent with this holding, it is overruled.

1

to the extent that this court's decision in harris is inconsistent with this opinion, it is expressly overruled.

0

suding did not request a continuance and thus the issue is waived.

1

thus, the statements in these older cases merely reflected the prevailing law at the time, a rule abrogated by the present version of section 634

0

2017) (citations, internal quotation marks, and brackets omitted), cert. denied, 138 s. ct. 983 (2018).

0

the memorandum highlights that, for the first time, this court held that ""whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination.""

0

id. at 456.

0

petro-chem., 514 s.w.2d at 245-46.

0

the agency may base a credibility finding on an asylum applicant's ""demeanor, candor, or responsiveness""; the ""inherent plausibility"" of his account; the consistency among his written statements, oral statements, and other record evidence; and ""any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor.""

0

following the hearing on the exceptions, the trial court concluded that the peremptory exception of no right of action should be overruled, and therefore the dilatory exception of prematurity is moot.

1

in vacating the circuit court's suppression order, we overrule our prior decision in state v. endo, 83 hawaii 87, 924 p.2d 581 (app.1996), where we held under similar circumstances that a misdated search warrant was invalid.

1

we recede from adams and quash the decision below to the extent that it conflicts with this opinion.

0

advancing a theory that the 2010 order resolved any outstanding motion.

1

given domond, it is clear that this ground is contrary to current precedent, and cannot stand.

1

in so holding, we decline to follow this court's decision in wickersham ford, inc. v. orange county, 701 s.w.2d 344 (tex.app. beaumont 1985, no writ), which found orange county to be both a person and a corporation under art. 2226.

0

toward the end of its analysis, the court again, in the context of analyzing the spectrum of laws and cases establishing limits on punitive awards, observes ... the upper limit is not directed to cases like this one, where the tortious action was worse than negligent but less than malicious, ... the 3:1 ratio ... applies to awards in quite different cases involving ... malicious behavior and dangerous activity carried on for the purpose of increasing a tortfeasor's financial gain.

0

the legislative history informs our interpretation of 1498.

1

recently, this court receded from hallman to the extent that we held that all newly discovered evidence claims should now be brought in a motion pursuant to florida rule of criminal procedure 3.850 and that such claims would not be cognizable in an application for writ of error coram nobis unless the defendant was not in custody.

0

jackson, 177 so. 3d at 932 (quoting inmin v. state, 668 so. 2d 152, 155 (ala. crim. app. 1995), citing in turn bamberg v. state, 611 so. 2d 450, 452 (ala. crim. app. 1992)).

0

the commission further held that the swb could rely upon earlier reprimands in issuing future discipline.

0

nowhere does peaches explain what remedy she would have had if the victim had refused her entry or ejected her from his home.

0

he alleges only that counsel was tardy in passing on the revised plea offer.

0

people v. reid, 136 ill. 2d 27, 38 (1990).

1

accordingly, we quash the decision below and disapprove the first district's decision in toner.

1

therefore, we overrule ortiz and johnson to the extent that they hold that facts gathered during a valid traffic stop cannot be utilized to justify an investigatory detention occurring after a police officer has indicated that a defendant is free to leave.

1

williams co. v. director of revenue, 799 s.w.2d 602 (mo.banc 1990), is overruled to the extent it holds that the fifty-percent threshold requirement of section 143.431.3(1) is constitutionally valid.

0

the district court dismissed smith's ada claims against dmh as barred by the eleventh amendment.

0

see crowell constructors, inc. v. state ex rel. cobey, 328 n.c. 563, 563-64, 402 s.e.2d 407, 408 (1991); mckinney v. duncan, ___ n.c. app. ___, ___, 808 s.e.2d 509, 512 (2017) (""the order is devoid of any stamp-file or other marking necessary to indicate a filing date, and therefore it was not entered.

0

of most relevance here, the u.s. bank action was filed on september 15, 2010, in the u.s. district court for the northern district of texas by u.s. bank national association (""u.s. bank""), the entity appointed litigation trustee in idearc's bankruptcy, to recover funds for the benefit of idearc debt securities holders and other creditors.

0

reyes also appears to assert the district court improperly did not permit him to file a reply after the state filed its opposition to his petition.

1

to the extent that the holding in wilson v. bureau of state police, supra, conflicts with this opinion, it is overruled.

0

see pa.r.d.e. 218(f).

0

and, porter's cited authority, walton gen. contractors, inc. v. chicago forming, inc., 111 f.3d 1376, 1385 (8th cir. 1997) is inapposite.

1

because aspects of the analysis in kuha are inconsistent with our opinion today, and are likely to sow confusion if left undisturbed, we abandon part ii.c of our opinion in kuha as circuit precedent.

1

also, to the extent that colvin, green, and other cases are in conflict with our holding today, they are overruled.

1

voisine and armstrong filed a joint petition for certiorari, and shortly after issuing castleman , this court (without opinion) vacated the first circuit's judgments and remanded the cases for further consideration in light of that decision.

0

even if his earlier filings had passed muster, trying a case is more difficult than drafting minimally coherent documents.

1

accordingly, we approve the decision of the fifth district court of appeal in the instant case and expressly disapprove the decision of the second district court of appeal in hofeling to the extent that it is inconsistent with the dictates of this opinion.

0

narrowstep, 2010 wl 5422405, at *12.

1

to the extent that lee v. state, 490 p.2d 1206, 1210 (alaska 1971), holds otherwise, we hereby overrule that case.