LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
0	(citing premier lab supply, inc. v. chemplex indus., inc., 10 so. 3d 202, 206-07 (fla. 4th dca 2009); hasley, 971 so. 2d at 152-53).
1	we therefore overrule brady to the extent that it is inconsistent with this opinion.
1	in order to bring harmony both within and among the circuits, we now overrule the portion of lee dealing with the treatment of theft and hold that theft from a person is a violent felony under the armed career criminal act.
0	considering defendant's lack of any prior criminal record, that he apparently had never done anything like this before, and other circumstances of this case, we do not believe defendant is typical of sexual offenders who receive the maximum sentence.
0	id. 37 a jury convicted the defendant in lerma of first degree murder based on evidence ""consit[ing] solely of two eyewitness identifications.""
1	accordingly, lee v. peerless insurance company is overruled.
1	because we now overrule that line of cases which would operate to grant workers' compensation benefits to a surviving spouse in such a situation, the trial court's order is reversed.
0	the court concluded that ""in cases of any significant complexity the word 'may' in rule 52(a) should be construed to read 'generally should.'
0	at the very latest, the plaintiff knew in 2012 that dial was unjustly enriched by the plaintiff's work product.
1	we disapprove these cases.
0	transfer of property from a parent to a child is presumed to be a gift, and the presumption may only be overcome by clear and convincing evidence to the contrary."").
1	to the extent that fiscal court of jefferson county v. ogden, ky.app. 556 s.w.2d 899 (1977) conflicts with the opinion in this case, it is overruled.
0	see, e.g., r.j. griffin & co. v. beach club ii homeowners ass'n, 384 f.3d 157, 160-61 (4th cir. 2004) (""in the context of arbitration, the doctrine [of equitable estoppel] applies when one party attempts 'to hold [another party] to the terms of [an] agreement' while simultaneously trying to avoid the agreement's arbitration clause.""
0	and, on each occasion, the defense took issue with the reasons offered by the prosecutor in support of the strike.""
1	we therefore disapprove the holding in l.w. to the extent it conflicts with this holding.
1	but in light of the language and context of the statute and the term's common meaning and other uses, we cannot accept a definition that would find oppression on either of these bases alone, and we disapprove of the court of appeals decisions that have.
0	it further reasoned that ""[n]othing suggests the director enjoys a license to depart from the petition and institute a different inter partes review of his own design"" and that ""congress didn't choose to pursue"" a statute that ""allows the director to institute proceedings on a claim-by-claim and ground-by-ground basis"" as in ex parte reexamination.
0	{ 19} in support of his argument, runions cites the ohio supreme court case of fabe. fabe, however, was a declaratory judgment seeking an interpretation of r.c. 3905.01(b) and 3905.04.
0	seepersad's criminal conviction limits our jurisdiction to constitutional claims and colorable questions of law, 8 u.s.c. 1252(a)(2)(c), (d), for which our review is de novo, pierre v. holder, 588 f.3d 767, 772 (2d cir. 2009).
1	therefore, the decision of the second district court of appeal is approved on the totality of the facts presented, and to the extent they are inconsistent with this opinion, the wikso and bass decisions are disapproved.
0	the state court rejected the argument as a bare, conclusory assertion.
1	we therefore overrule mata and hartman to the extent of the conflict and reverse the trial court's judgment and remand the cause for a new trial.
1	while we realize that it is not strictly necessary, our holding, of course, overrules sherod.
0	t.h.-s. (""mother"") appeals from the december 19, 2017 order granting her and m.l.s. (""stepfather"") joint legal custody of k.m.h. (""child"").
1	julien" doctrine are overruled, insofar as they conflict with the views here expressed.
0	the situation here was different.
1	to the extent that connor v. farmer, 382 so.2d 1069 (la.app. 1980) may be contrary to this opinion, it is overruled.
1	first, the federal laches standard is no longer good law.
1	goodley v. sullivant, supra, 32 cal.app.3d 619, cited approvingly in westlake community hosp. v. superior court (1976) 17 cal.3d 465, 482 [ 131 cal.rptr. 90, 551 p.2d 410], is disapproved to the extent it is inconsistent with views expressed herein.
0	kyles v. whitley, 514 u.s. 419, 115 s. ct. 1555, 131 l. ed. 2d 490 (1995); united states v. bagley, 473 u.s. 667, 105 s. ct. 3375, 87 l. ed. 2d 481 (1985); state v. green, 2016-0107 (la. 6/29/17), 225 so. 3d 1033, cert. denied, ___ u.s. ___, 138 s. ct. 459, 199 l. ed. 2d 338 (2017).
0	rivera was eighteen at the time and living under the care of her mother, correa, and her stepfather, julio escobar. rivera was taken to a hospital, where she was treated for seizure disorder.
1	we continue to believe that these cases properly state the law of the authority of a judge pro tempore to continue to rule on matters following expiration of his or her appointment and so disapprove those recent decisions of the court of appeals to the contrary:
0	the trial court denied state farm's motion.
0	further, bradshaw repeatedly followed up on the motion he said he mailed and then filed a second motion after he found out the first one was not filed.
0	the order of the appellate division should be affirmed.
1	accordingly, we approve the fifth district's decision below, and disapprove robbins v. yusem to the extent it is inconsistent with this opinion.
0	18 following a lengthy hearing at which the court entertained argument from the parties' attorneys, the court granted john's motion for summary judgment.
0	the various mitigating factors are unavailing because by virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to judiciary law 90(4)(a) (see matter of ginsberg, 1 ny2d 144).
0	(cal. const., art. xiii c, 2, subds.
1	to the extent that the holding in travelers ins. co. v. fancher, supra, is inconsistent with our holding here, it is overruled.
1	to the extent that hunnicutt suggests otherwise, it is overruled.
1	williams disapproved of people v. morris (1987) 192 cal.app.3d 380, 237 cal.rptr. 402 ( morris ) to the extent it is inconsistent with our conclusion that defendant's miranda arguments are without merit.
1	concluding that the outcome of this appeal with respect to attorney fees turns on our precedent in devine v. national treasury employees union, 805 f.2d 384 (fed. cir. 1986), and goodrich v. department of the navy, 733 f.2d 1578 (fed. cir. 1984), we decided to rehear the appeal en banc so that we could consider the following question:
1	finding a portion of electronic power wrongly decided, the en banc court overrules it to the extent it holds that a request for findings of fact and conclusions of law extends the trial court's plenary power.
0	the matter is remanded to the district for an award of a precise and certain amount of damages and specific declaratory judgment relief, without reference to an extrinsic source.
1	spencer's case, supra, is overruled.
0	in sheldon appel, our supreme court clarified that the question of probable cause in a malicious prosecution case is a question of law. (sheldon appel co. v. albert & oliker, supra, 47 cal.3d at p. 875.)
0	{2} counsel for defendant-appellant, rick thomas fehrenbach, has filed a brief with this court pursuant to anders v. california, 386 u.s. 738, 87 s.ct. 1396 (1967), which (1) indicates that a careful review of the record from the proceedings below fails to disclose any errors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be predicated; (2) lists two potential errors ""that might arguably support the appeal,"" anders, at 744, 87 s.ct. at 1400; (3) requests that this court review the record independently to determine whether the proceedings are free from prejudicial error and without infringement of appellant's constitutional rights; (4) requests permission to withdraw as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellant.
1	based on the above analysis, we conclude that williams was wrongly decided, and we hereby overrule it.
0	however, when we look to the association's objection and arguments during the instructions conference, we see that the association's arguments were directed at the requested modification rejected by the circuit court.
0	rather, nalwafar from disagreeing with knight referenced it as the ""seminal decision explicating and applying primary assumption of risk in the recreational context.""
0	on october 4, 2012, the defendant filed a sora registration form at the swansea police department listing his current address.
1	however, we overrule our prior exclusive reliance on the absolute disparity test in fair cross-section and equal protection cases, and permit district courts to analyze fair cross-section and equal protection cases using the most appropriate methods applicable to the particular challenge.
0	in sum, we found the court's sentence substantively unreasonable in morgan because the court considered impermissible factors and failed to consider an important factor: general deterrence.
1	insofar as mccurter v. older, supra, 173 cal.app.3d 582, 594, and employers casualty co. v. northwestern nat. ins. group, supra, 109 cal.app.3d 462, 474, can be read to hold that a party who fails to bring to the attention of the trial court an omission or ambiguity in its statement of decision may nevertheless avoid the presumptions in favor of the judgment, they are disapproved.
0	in re mortimore estate, unpublished opinion per curiam of the court of appeals, issued may 17, 2011, 2011 wl 1879737 (docket no. 297280), p. 1.
0	but ""not every potential loss of liberty requires the full panoply of procedural guarantees available at a criminal trial.""
0	finally, the sixth trac factor goes directly to a primary dispute regarding the costanza standard.
1	miller v. hotel savoy co. is out of line with the rationale of other cases above cited; it should not be followed, and it is therefore overruled.
0	defense counsel then stated, ""it [presumptively referring to the evidence to be elicited] would relate to prior bad acts under 404(b)"", after which defense counsel informed the court that 404(b) requires only notice from the prosecutor.
0	specifically, the trial court blocked appellants from putting on production and drilling cost testimony from kenneth hill, victory's ceo, when it sustained oz's objections to untimely disclosure of the witness and failure to provide access to voluminous records underpinning a summary report hill had prepared for trial.
0	until those fact findings are made in a bench trial, it cannot be determined what is or is not necessary under the ada.
0	id.; see also carey v. piphus, 435 u.s. 247, 248 (1978) (holding that section 1983 plaintiffs were ""entitled to recover only nominal damages"" ""in the absence of proof of actual injury."").
0	453 md. at 198.
0	once more, commenters challenged the cost inflation factor, calling it ""unnecessarily complicated.""
0	490 f.3d 575, 580-81 (7th cir. 2007).
0	state v. stephen j. r., 309 conn. 586, 605-606, 72 a.3d 379 (2013); see also state v. ciullo, 314 conn. 28, 56, 100 a.3d 779 (2014); state v. campbell, 141 conn. app. 55, 63, 60 a.3d 967, cert. denied, 308 conn. 933, 64 a.3d 331 (2013).
0	the parties' dueling contentions turned on intricate issues about those groups' membership policies (e.g., could harris's payment of dues to the national naacp, or bowser's financial contribution to the mecklenburg county naacp, have made either a member of the state branch?).
1	people v. stewart, supra, 89 cal.app.4th 1209, and people v. tucker, supra, 187 cal.app.3d 295, are disapproved to the extent they conflict with these conclusions.
1	we, therefore, overrule the application of that decision to cases when the complained error is readily apparent from the argument briefed.
1	to the extent that central computer servs. would dictate a different holding, it is overruled.
1	by amending section 846, the legislature indisputably intended to remove the darr and o'shea limitations and to immunize the owner of any interest in real property regardless of whether the interest includes the right of exclusive possession.
1	to the extent warren and stolz disavow the second definition in queen, we reject their holdings.
0	westminster, colorado justice hood delivered the opinion of the court. 1 an underinsured motorist struck a car driven by dale fisher, causing fisher injuries requiring over $60,000 in medical care.
1	the presumption of donative intent in carter, lalime, and weeks is not applicable after long.
0	dr. o'brien testified that banks understands he is in prison, and that he is in prison for the multiple murders.
1	this case provides an illustrative example of exactly why we erred in brown and an opportunity for us to align firearm enhancements with the rest of our sentencing jurisprudence.
0	id. at 17-18, citing douglas, 135 ohio st. at 647-48, 22 n.e.2d 195; stone v. phillips, 9th dist. summit no. 15908, 1993 wl 303281, *3 (aug. 11, 1993); and de garza v. chetister, 62 ohio app.2d 149, 155, 405 n.e.2d 331 (6th dist.1978).
0	pub. l. no. 96-192, 29, 94 stat. 35, 48-49 (1980).
0	see motion for a more definite statement and to dismiss and/or stay the complaint (apr. 27, 2015), available via file & servexpress.
1	to the extent that stewart or macone suggest that a "should have known" standard is sufficient, they should no longer be followed.
1	to the extent that ross v. commonwealth, supra, holds to the contrary, it is hereby overruled.
0	the public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential.""
1	our decisions in moreno v. nelson, supra, baskerville v. nelson, supra, turner v. lloyd, supra, and conway v. wilson, supra, to the extent that they are inconsistent with this opinion, are overruled.
0	therefore, to overcome summary judgment, a party must not only make ""general allegations or conclusory assertions,"" that do not detail the facts a party believes are in dispute.
0	the exception to these jurisdictional limitations is when the sentence imposed is illegal.
1	therefore, to the extent that those cases are in conflict with today's holding they are overruled.
0	the court also observed that a major fund raiser ""pleaded guilty to a charge of violation of 18 u.s.c. 600, in having promised, in 1971, a more prestigious post to ambassador (to trinidad) j. fife symington, in return for a $100,000 contribution to be split between 1970 senatorial candidates designated by the white house and mr. nixon's 1972 campaign.""
0	next, defendants argue that the trial court erred by rejecting their counterclaims against the smith and bauckham plaintiffs.
0	the chief immigration judge has likewise instructed ijs that ""if an unaccompanied child is applying for special immigrant juvenile . . . status, the case must be administratively closed or reset for that process to occur in the appropriate state or juvenile court.""
0	j.a. 113-15.
0	he asserts that the jury saw deputies escorting him to the lock up, which he contends is the equivalent of visible shackling.
0	on january 18, 2011, the appellees apparently each wrote a letter to the director of the mississippi bureau of investigation.
1	but abatie held that district courts may take additional evidence whenever "[procedural] irregularities have prevented full development of the administrative record," abatie, 458 f.3d at 973, and to the extent that our earlier cases conflict with abatie, a later en banc decision, those cases are no longer good law.
0	the court stated that failure to cure the deficiencies identified in its order would result in dismissal with prejudice.
0	upon our review, we find the verdicts were not inconsistent based on how the case was charged to the jury.
0	second, the district court may also measure the defendant's role against other participants, to the extent they are discernable, in that relevant conduct.
1	to the extent john w. is inconsistent with our opinion on this point, it is disapproved.
0	(quotations and citations omitted).
0	the progressive concrete court contrasted the language of section 2673.1, subdivision (g), which deals with claims for unpaid wages in the garment manufacturing industry and adopts the same appeal procedures as section 98.2. section 2673.1 used different language regarding an appeal bond requirement, providing in relevant part that ""[a]s a condition precedent to filing an appeal, the contractor or the guarantor, whichever appeals, shall post a bond with the commissioner in an amount equal to one and one-half times the amount of the award.""

0

(citing premier lab supply, inc. v. chemplex indus., inc., 10 so. 3d 202, 206-07 (fla. 4th dca 2009); hasley, 971 so. 2d at 152-53).

1

we therefore overrule brady to the extent that it is inconsistent with this opinion.

1

in order to bring harmony both within and among the circuits, we now overrule the portion of lee dealing with the treatment of theft and hold that theft from a person is a violent felony under the armed career criminal act.

0

considering defendant's lack of any prior criminal record, that he apparently had never done anything like this before, and other circumstances of this case, we do not believe defendant is typical of sexual offenders who receive the maximum sentence.

0

id. 37 a jury convicted the defendant in lerma of first degree murder based on evidence ""consit[ing] solely of two eyewitness identifications.""

1

accordingly, lee v. peerless insurance company is overruled.

1

because we now overrule that line of cases which would operate to grant workers' compensation benefits to a surviving spouse in such a situation, the trial court's order is reversed.

0

the court concluded that ""in cases of any significant complexity the word 'may' in rule 52(a) should be construed to read 'generally should.'

0

at the very latest, the plaintiff knew in 2012 that dial was unjustly enriched by the plaintiff's work product.

1

we disapprove these cases.

0

transfer of property from a parent to a child is presumed to be a gift, and the presumption may only be overcome by clear and convincing evidence to the contrary."").

1

to the extent that fiscal court of jefferson county v. ogden, ky.app. 556 s.w.2d 899 (1977) conflicts with the opinion in this case, it is overruled.

0

see, e.g., r.j. griffin & co. v. beach club ii homeowners ass'n, 384 f.3d 157, 160-61 (4th cir. 2004) (""in the context of arbitration, the doctrine [of equitable estoppel] applies when one party attempts 'to hold [another party] to the terms of [an] agreement' while simultaneously trying to avoid the agreement's arbitration clause.""

0

and, on each occasion, the defense took issue with the reasons offered by the prosecutor in support of the strike.""

1

we therefore disapprove the holding in l.w. to the extent it conflicts with this holding.

1

but in light of the language and context of the statute and the term's common meaning and other uses, we cannot accept a definition that would find oppression on either of these bases alone, and we disapprove of the court of appeals decisions that have.

0

it further reasoned that ""[n]othing suggests the director enjoys a license to depart from the petition and institute a different inter partes review of his own design"" and that ""congress didn't choose to pursue"" a statute that ""allows the director to institute proceedings on a claim-by-claim and ground-by-ground basis"" as in ex parte reexamination.

0

{ 19} in support of his argument, runions cites the ohio supreme court case of fabe. fabe, however, was a declaratory judgment seeking an interpretation of r.c. 3905.01(b) and 3905.04.

0

seepersad's criminal conviction limits our jurisdiction to constitutional claims and colorable questions of law, 8 u.s.c. 1252(a)(2)(c), (d), for which our review is de novo, pierre v. holder, 588 f.3d 767, 772 (2d cir. 2009).

1

therefore, the decision of the second district court of appeal is approved on the totality of the facts presented, and to the extent they are inconsistent with this opinion, the wikso and bass decisions are disapproved.

0

the state court rejected the argument as a bare, conclusory assertion.

1

we therefore overrule mata and hartman to the extent of the conflict and reverse the trial court's judgment and remand the cause for a new trial.

1

while we realize that it is not strictly necessary, our holding, of course, overrules sherod.

0

t.h.-s. (""mother"") appeals from the december 19, 2017 order granting her and m.l.s. (""stepfather"") joint legal custody of k.m.h. (""child"").

1

julien" doctrine are overruled, insofar as they conflict with the views here expressed.

0

the situation here was different.

1

to the extent that connor v. farmer, 382 so.2d 1069 (la.app. 1980) may be contrary to this opinion, it is overruled.

1

first, the federal laches standard is no longer good law.

1

goodley v. sullivant, supra, 32 cal.app.3d 619, cited approvingly in westlake community hosp. v. superior court (1976) 17 cal.3d 465, 482 [ 131 cal.rptr. 90, 551 p.2d 410], is disapproved to the extent it is inconsistent with views expressed herein.

0

kyles v. whitley, 514 u.s. 419, 115 s. ct. 1555, 131 l. ed. 2d 490 (1995); united states v. bagley, 473 u.s. 667, 105 s. ct. 3375, 87 l. ed. 2d 481 (1985); state v. green, 2016-0107 (la. 6/29/17), 225 so. 3d 1033, cert. denied, ___ u.s. ___, 138 s. ct. 459, 199 l. ed. 2d 338 (2017).

0

rivera was eighteen at the time and living under the care of her mother, correa, and her stepfather, julio escobar. rivera was taken to a hospital, where she was treated for seizure disorder.

1

we continue to believe that these cases properly state the law of the authority of a judge pro tempore to continue to rule on matters following expiration of his or her appointment and so disapprove those recent decisions of the court of appeals to the contrary:

0

the trial court denied state farm's motion.

0

further, bradshaw repeatedly followed up on the motion he said he mailed and then filed a second motion after he found out the first one was not filed.

0

the order of the appellate division should be affirmed.

1

accordingly, we approve the fifth district's decision below, and disapprove robbins v. yusem to the extent it is inconsistent with this opinion.

0

18 following a lengthy hearing at which the court entertained argument from the parties' attorneys, the court granted john's motion for summary judgment.

0

the various mitigating factors are unavailing because by virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to judiciary law 90(4)(a) (see matter of ginsberg, 1 ny2d 144).

0

(cal. const., art. xiii c, 2, subds.

1

to the extent that the holding in travelers ins. co. v. fancher, supra, is inconsistent with our holding here, it is overruled.

1

to the extent that hunnicutt suggests otherwise, it is overruled.

1

williams disapproved of people v. morris (1987) 192 cal.app.3d 380, 237 cal.rptr. 402 ( morris ) to the extent it is inconsistent with our conclusion that defendant's miranda arguments are without merit.

1

concluding that the outcome of this appeal with respect to attorney fees turns on our precedent in devine v. national treasury employees union, 805 f.2d 384 (fed. cir. 1986), and goodrich v. department of the navy, 733 f.2d 1578 (fed. cir. 1984), we decided to rehear the appeal en banc so that we could consider the following question:

1

finding a portion of electronic power wrongly decided, the en banc court overrules it to the extent it holds that a request for findings of fact and conclusions of law extends the trial court's plenary power.

0

the matter is remanded to the district for an award of a precise and certain amount of damages and specific declaratory judgment relief, without reference to an extrinsic source.

1

spencer's case, supra, is overruled.

0

in sheldon appel, our supreme court clarified that the question of probable cause in a malicious prosecution case is a question of law. (sheldon appel co. v. albert & oliker, supra, 47 cal.3d at p. 875.)

0

{2} counsel for defendant-appellant, rick thomas fehrenbach, has filed a brief with this court pursuant to anders v. california, 386 u.s. 738, 87 s.ct. 1396 (1967), which (1) indicates that a careful review of the record from the proceedings below fails to disclose any errors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be predicated; (2) lists two potential errors ""that might arguably support the appeal,"" anders, at 744, 87 s.ct. at 1400; (3) requests that this court review the record independently to determine whether the proceedings are free from prejudicial error and without infringement of appellant's constitutional rights; (4) requests permission to withdraw as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellant.

1

based on the above analysis, we conclude that williams was wrongly decided, and we hereby overrule it.

0

however, when we look to the association's objection and arguments during the instructions conference, we see that the association's arguments were directed at the requested modification rejected by the circuit court.

0

rather, nalwafar from disagreeing with knight referenced it as the ""seminal decision explicating and applying primary assumption of risk in the recreational context.""

0

on october 4, 2012, the defendant filed a sora registration form at the swansea police department listing his current address.

1

however, we overrule our prior exclusive reliance on the absolute disparity test in fair cross-section and equal protection cases, and permit district courts to analyze fair cross-section and equal protection cases using the most appropriate methods applicable to the particular challenge.

0

in sum, we found the court's sentence substantively unreasonable in morgan because the court considered impermissible factors and failed to consider an important factor: general deterrence.

1

insofar as mccurter v. older, supra, 173 cal.app.3d 582, 594, and employers casualty co. v. northwestern nat. ins. group, supra, 109 cal.app.3d 462, 474, can be read to hold that a party who fails to bring to the attention of the trial court an omission or ambiguity in its statement of decision may nevertheless avoid the presumptions in favor of the judgment, they are disapproved.

0

in re mortimore estate, unpublished opinion per curiam of the court of appeals, issued may 17, 2011, 2011 wl 1879737 (docket no. 297280), p. 1.

0

but ""not every potential loss of liberty requires the full panoply of procedural guarantees available at a criminal trial.""

0

finally, the sixth trac factor goes directly to a primary dispute regarding the costanza standard.

1

miller v. hotel savoy co. is out of line with the rationale of other cases above cited; it should not be followed, and it is therefore overruled.

0

defense counsel then stated, ""it [presumptively referring to the evidence to be elicited] would relate to prior bad acts under 404(b)"", after which defense counsel informed the court that 404(b) requires only notice from the prosecutor.

0

specifically, the trial court blocked appellants from putting on production and drilling cost testimony from kenneth hill, victory's ceo, when it sustained oz's objections to untimely disclosure of the witness and failure to provide access to voluminous records underpinning a summary report hill had prepared for trial.

0

until those fact findings are made in a bench trial, it cannot be determined what is or is not necessary under the ada.

0

id.; see also carey v. piphus, 435 u.s. 247, 248 (1978) (holding that section 1983 plaintiffs were ""entitled to recover only nominal damages"" ""in the absence of proof of actual injury."").

0

453 md. at 198.

0

once more, commenters challenged the cost inflation factor, calling it ""unnecessarily complicated.""

0

490 f.3d 575, 580-81 (7th cir. 2007).

0

state v. stephen j. r., 309 conn. 586, 605-606, 72 a.3d 379 (2013); see also state v. ciullo, 314 conn. 28, 56, 100 a.3d 779 (2014); state v. campbell, 141 conn. app. 55, 63, 60 a.3d 967, cert. denied, 308 conn. 933, 64 a.3d 331 (2013).

0

the parties' dueling contentions turned on intricate issues about those groups' membership policies (e.g., could harris's payment of dues to the national naacp, or bowser's financial contribution to the mecklenburg county naacp, have made either a member of the state branch?).

1

people v. stewart, supra, 89 cal.app.4th 1209, and people v. tucker, supra, 187 cal.app.3d 295, are disapproved to the extent they conflict with these conclusions.

1

we, therefore, overrule the application of that decision to cases when the complained error is readily apparent from the argument briefed.

1

to the extent that central computer servs. would dictate a different holding, it is overruled.

1

by amending section 846, the legislature indisputably intended to remove the darr and o'shea limitations and to immunize the owner of any interest in real property regardless of whether the interest includes the right of exclusive possession.

1

to the extent warren and stolz disavow the second definition in queen, we reject their holdings.

0

westminster, colorado justice hood delivered the opinion of the court. 1 an underinsured motorist struck a car driven by dale fisher, causing fisher injuries requiring over $60,000 in medical care.

1

the presumption of donative intent in carter, lalime, and weeks is not applicable after long.

0

dr. o'brien testified that banks understands he is in prison, and that he is in prison for the multiple murders.

1

this case provides an illustrative example of exactly why we erred in brown and an opportunity for us to align firearm enhancements with the rest of our sentencing jurisprudence.

0

id. at 17-18, citing douglas, 135 ohio st. at 647-48, 22 n.e.2d 195; stone v. phillips, 9th dist. summit no. 15908, 1993 wl 303281, *3 (aug. 11, 1993); and de garza v. chetister, 62 ohio app.2d 149, 155, 405 n.e.2d 331 (6th dist.1978).

0

pub. l. no. 96-192, 29, 94 stat. 35, 48-49 (1980).

0

see motion for a more definite statement and to dismiss and/or stay the complaint (apr. 27, 2015), available via file & servexpress.

1

to the extent that stewart or macone suggest that a "should have known" standard is sufficient, they should no longer be followed.

1

to the extent that ross v. commonwealth, supra, holds to the contrary, it is hereby overruled.

0

the public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential.""

1

our decisions in moreno v. nelson, supra, baskerville v. nelson, supra, turner v. lloyd, supra, and conway v. wilson, supra, to the extent that they are inconsistent with this opinion, are overruled.

0

therefore, to overcome summary judgment, a party must not only make ""general allegations or conclusory assertions,"" that do not detail the facts a party believes are in dispute.

0

the exception to these jurisdictional limitations is when the sentence imposed is illegal.

1

therefore, to the extent that those cases are in conflict with today's holding they are overruled.

0

the court also observed that a major fund raiser ""pleaded guilty to a charge of violation of 18 u.s.c. 600, in having promised, in 1971, a more prestigious post to ambassador (to trinidad) j. fife symington, in return for a $100,000 contribution to be split between 1970 senatorial candidates designated by the white house and mr. nixon's 1972 campaign.""

0

next, defendants argue that the trial court erred by rejecting their counterclaims against the smith and bauckham plaintiffs.

0

the chief immigration judge has likewise instructed ijs that ""if an unaccompanied child is applying for special immigrant juvenile . . . status, the case must be administratively closed or reset for that process to occur in the appropriate state or juvenile court.""

0

j.a. 113-15.

0

he asserts that the jury saw deputies escorting him to the lock up, which he contends is the equivalent of visible shackling.

0

on january 18, 2011, the appellees apparently each wrote a letter to the director of the mississippi bureau of investigation.

1

but abatie held that district courts may take additional evidence whenever "[procedural] irregularities have prevented full development of the administrative record," abatie, 458 f.3d at 973, and to the extent that our earlier cases conflict with abatie, a later en banc decision, those cases are no longer good law.

0

the court stated that failure to cure the deficiencies identified in its order would result in dismissal with prejudice.

0

upon our review, we find the verdicts were not inconsistent based on how the case was charged to the jury.

0

second, the district court may also measure the defendant's role against other participants, to the extent they are discernable, in that relevant conduct.

1

to the extent john w. is inconsistent with our opinion on this point, it is disapproved.

0

(quotations and citations omitted).

0

the progressive concrete court contrasted the language of section 2673.1, subdivision (g), which deals with claims for unpaid wages in the garment manufacturing industry and adopts the same appeal procedures as section 98.2. section 2673.1 used different language regarding an appeal bond requirement, providing in relevant part that ""[a]s a condition precedent to filing an appeal, the contractor or the guarantor, whichever appeals, shall post a bond with the commissioner in an amount equal to one and one-half times the amount of the award.""