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0 | the trustee first contends that 506(a)(2)'s definition of replacement value as ""the price a retail merchant would charge for property of that kind"" indicates that courts should ""identify the retail price of a mobile home, not all costs incurred in connection with the purchase of a home."" |
1 | thus, to the extent that rodgers holds that the trial court must enter a nunc pro tunc order to extend the time to appeal for ten days under cr 73.02(1)(d) |
1 | thus, we disapprove that case to the extent that it is inconsistent with this opinion. |
1 | to the extent that jure held that the peremptive period of la.r.s. 9:5606 does not begin to run until the conclusion of an appeal in the underlying action and that la.r.s. 9:5606 does not displace the "continuous representation rule" of lima v. schmidt , jure is overruled. |
1 | we therefore overrule taber and hicks insofar as they erroneouslyapplied cr 41, 02(3) to criminal cases. |
0 | applicant was convicted of solicitation of capital murder and sentenced to life years' imprisonment. |
1 | this presumption, however, is not conclusive, and any statement to the contrary in lahn v. structural pest control board, 135 cal.app.2d 289 [ 287 p.2d 17], and any inferences to the contrary in any other case or cases are disapproved. |
0 | hudson, justice. |
0 | aekins, 447 s.w.3d at 278; vick v. state, 991 s.w.2d 830, 833 (tex. crim. app. 1999). |
0 | ineffective-assistance-of-counsel claims are an exception to the error preservation requirement. |
0 | child support calculations ""are ordinarily based upon recent past circumstances because past circumstances are typically a reliable indicator of future circumstances, particularly circumstances concerning income."" |
1 | we disapprove harris, karcher, and philips to the extent they are in conflict with this decision. |
1 | in fenelon v. state, 594 so.2d 292 (fla. 1992), the supreme court disapproved the giving of the flight instruction on the ground that it constitutes an impermissible comment upon the evidence. |
0 | b |
1 | to the extent davies is read to give a purchaser who is not also the judgment creditor the unilateral right to withdraw their bid before confirmation, we reject this reading. |
0 | therefore, because this claim is without merit, it is summarily dismissed. |
1 | 1969), and the subsequent cases based on walton. |
0 | see knight v. jewett, 834 p.2d 696, 704-05 (cal. 1992). |
0 | for further criticism of the opinion in the gobitis case by persons who do not share the faith of the witnesses see: powell, conscience and the constitution, in democracy and national unity (university of chicago press, 1941) 1; wilkinson, some aspects of the constitutional guarantees of civil liberty, 11 fordham law review 50; fennell, the ""reconstructed court"" and religious freedom: the gobitis case in retrospect, 19 new york university law quarterly review 31; green, liberty under the fourteenth amendment, 27 washington university law quarterly 497; 9 international juridical association bulletin 1; 39 michigan law review 149; 15 st. john's law review 95. |
1 | therefore, we specifically reject our prior cases which rely on an "ultimate objective" or "primary offense" test. |
0 | bank of the united states v. bank of georgia, 10 wheaton, 347; thompson v. riggs, 5 wallace, 678; robinson v. noble, 8 peters, 198; wright v. reid, 3 term, 554; snow v. perry, 9 pickering, 542; 2 greenleaf on evidence, 601. |
0 | had juror c.b. revealed her prior experiences and disposition toward those experiences, any competent counsel would have struck her from the jury with a peremptory challenge. |
0 | plaintiffs established their prima facie entitlement to judgment as a matter of law on this issue by demonstrating ""that [wellington], while exposed to an elevation-related hazard, was hit and injured by a falling object, i.e., a load that required securing, because of the absence of adequate safety devices, which hazard was a proximate cause of the accident"" (jock v landmark healthcare facilities, llc, 62 ad3d at 1072). |
0 | bego v. gordon, 407 n.w.2d 801, 804 (s.d. 1987). |
0 | see ultreras, 296 kan. at 853. |
1 | to the extent the court held that such release or settlement executed by the injured husband before his death did not bar an action for pecuniary loss under the wrongful death statute when brought by the personal representative of the decedent for the exclusive benefit of the surviving wife and children, if any, or next of kin, they are hereby overruled. |
1 | therefore, we disapprove of hagar to the extent that it holds that the term 'charge' includes unilaterally placing on an account an amount due as interest without any other action. |
1 | to the extent inconsistent with today's decision, lyman v. national mortgage bond corp. is overruled |
1 | we disapprove the cases that have reached a contrary result. |
1 | to the extent that a contrary rule is expressed in terry v. state, 540 so.2d 782, 783-84 (ala.cr.app. 1988), cert. denied, 540 so.2d 785 (ala. 1989), it is expressly overruled. |
1 | but, having overruled haney, we no longer need apply the rationale of mooney and wooten in the context of convictions obtained under article 44.02. |
0 | it may well be expensive to obtain an opinion of counsel. |
1 | thus, we now overrule cooper stevedoring co., inc. |
1 | in griffith the court explicitly overruled linkletter and held that in criminal cases, all newly declared rules of law must be applied retroactively to all criminal cases pending on direct review or not yet final "with no exception for cases in which the new rule constitutes a `clear break' with the past. |
1 | we granted certiorari, 540 u.s. 945 (2003), and now reverse. |
1 | in wenke v. hitchcock, supra, 6 cal.3d 746, we partially overruled lindsey. |
0 | donnelly's claims""negligence, careless conduct and wrongful tortious conduct""are all causes of action that sound in tort. |
0 | el apple i, ltd. v. olivas, 370 s.w.3d 757, 761 (tex. 2012); blackstone medical, inc. v. phoenix surgicals, l.l.c., 470 s.w.3d 636, 657 (tex. app.dallas 2015, no pet.). |
0 | the court relied on 64.875 which provides that ""no amendments shall be made by the county commission except after recommendation of the county planning commission . . . [and] after hearings thereon by the commission."" |
0 | the state objected to this statement, and the trial court sustained the objection, but the state never requested that the jury be instructed to disregard her testimony. |
1 | as i explained previously in this opinion, the majority opinion relies on the exercise of its supervisory authority and, to the extent it may be interpreted as holding contrary to the majority opinion, overrules chyung v. chyung, supra, 86 conn.app. at 665, 862 a.2d 374, the case on which the appellate court relied. |
0 | in nomura, the defendant was charged with physically abusing his wife, the complaining witness. |
0 | for h0031 ha claims, notwithstanding that ""tcc did not bill these claims to medicaid."" |
1 | smithparker acknowledges this precedent but argues that it was wrongly decided. |
1 | we overrule abril to the extent that it relied on the abrogated common law principle of inherent jurisdiction to correct illegal sentences. |
0 | (citing friend, 375 f. app'x at 551)). |
1 | to the extent clay holds otherwise, it is hereby overruled. |
1 | to the extent that people v. otis, 33 cal.app.3d 893 [ 109 cal.rptr. 444], is contrary to the views expressed herein, it is disapproved. |
1 | any holding by this or any other court which is contrary to the holding we make today, is overruled. |
0 | juror crites stated that neither mr. truax nor his son were present when she took her smoke breaks and that she did not speak with anyone who was not a juror except for one woman who asked her for a cigarette lighter. |
1 | to the extent that wright suggests or holds to the contrary, it is hereby overruled. |
0 | appellant did not commit the completed offense of human trafficking of a minor because the alleged victim of this crime was not a person under the age of 18. |
1 | to the extent that they are inconsistent with this conclusion, people ex rel. dept. of transportation v. superior court (clark), supra, 60 cal.app.3d 352, and its progeny are disapproved. |
1 | insofar as our case of dean v. dean, supra, is contrary to the holding in this case, it is overruled. |
0 | and the warrant also clearly authorized the officers to perform a forensic search of the cell phones. |
1 | two courts of appeals have concluded that an appeal should not be allowed in this situation, and to that extent, we disapprove them. |
1 | to the extent that the main opinions in edwards, giardina, and similar cases hold to the contrary, they are overruled. |
0 | with these constitutional principles in mind, it is clear the minimal dictates of due process have been satisfied in this case. |
1 | people v. superior court, supra, 202 cal. 165, and people v. superior court, supra, 240 cal.app.2d 90, which permitted the issuance of mandate where there was a danger of retrial, are disapproved. |
0 | as an intermediate appellate court, we are required to follow the holdings of the ohio supreme court, which is the ultimate authority on matters of state law. |
1 | accordingly, we overrule turner to the extent it holds that intent to kill is an element of the multiple-murder special circumstance, and adopt the following reading of the relevant statutory provisions: intent to kill is not an element of the multiple-murder special circumstance; but when the defendant is an aider and abetter rather than the actual killer, intent must be proved. |
0 | sept. 21, 2010). |
1 | 1987), it is overruled. |
1 | we reject the reasoning and the result in that decision. |
1 | clark implicitly overrules our cases holding that harmless error analysis is inapplicable where the defendant contests intent. |
0 | youngkin v. hines, 546 s.w.3d 675, 680 (tex. 2018). |
1 | to the extent people v. gallegos, 789 p.2d 461 (colo.app. 1989), is inconsistent with the views expressed herein, that decision is disapproved. |
1 | ##coito v. superior court, reversed not overruled |
1 | even if we interpret lockhart wrongly, we find that lockhart was overruled, albeit sub silentio, by the supreme court's adoption of the commission of appeals' judgment in kennerly. |
0 | he also admitted that, before he confessed, he requested that the police charge him with manslaughter in exchange for his statement. |
0 | rather, discrimination results from denying an available and reasonable accommodation. |
0 | rules declared valid smith, john, judge minnesota department of public safety jack y. perry, jason r. asmus, briggs and morgan, p.a., minneapolis, minnesota (for petitioners) lori swanson, attorney general, stephen d. melchionne, assistant attorney general, st. paul, minnesota (for respondents) considered and decided by halbrooks, presiding judge; rodenberg, judge; and smith, john, judge. |
0 | the court of appeals reversed the district court's decision and remanded to the district court to engage in a quantum meruit analysis by applying a set of factors that it listed in the opinion. |
0 | and as a creature of state law, bbghad may exercise a portion of the state's police power. |
1 | we disapprove of statements in two opinions of this court that the limitations for sexual assault of a child is five years. |
0 | see, e.g., n. y. c. rules & regs., tit. 1, 27-01 (2018) (requiring signs by elevators showing stair locations); san francisco dept. of health, director's rules & regs., garbage and refuse (july 8, 2010) (requiring property owners to inform tenants about garbage disposal procedures). |
0 | in re: review of issues relating to comm'n certification of distributed antennae sys. providers in pa., no. m-2016-2517831 at 3 n.5 (pa. p.u.c. 2016) (internal quotation marks omitted). |
1 | applying that standard, i am convinced that fenton erred. |
1 | accordingly, from this time forward, the holdings in asher, blair and durham, to the extent they conflict with this opinion, should no longer be followed. |
1 | therefore, we overrule williams, clarify hernandez-hernandez, vacate gonzales's sentence and remand for resentencing. |
1 | in so finding, we disapprove our earlier decision, in the interest of c.g., 261 ga.app. 814, 815, 584 s.e.2d 33 (2003), to the extent that it deems testimony describing nonverbal conduct depicted on a surveillance videotape to be hearsay. |
0 | wheeler points to no state statute that would authorize appointed counsel for his 1983 claims, and his constitutional claims find no support in our precedent. |
1 | to the extent that dicta in sheridan could be read otherwise, we reject that dicta. |
1 | in so far as texas n. o. r. co. v. pool, tex.civ.app., 263 s.w.2d 582, no writ history, may be in conflict with what is here said, it is disapproved. |
0 | any suggestion that our case presents a new phenomenon, then, risks overlooking this long history. |
0 | in re detention of rainey, 2017 il app (4th) 160496-u. |
0 | if the defendant is seeking to vacate a sentence, the second prong requires that the newly discovered evidence would probably yield a less severe sentence. |
0 | what does that tell us? . . . if it was jaime castillo and dozer, or hondo and dozer, actually blocking off the route of escape for the possible victims, then they're acting as accomplices as well and they're just as guilty for the murder as though they pulled the trigger at the back patio area. that's accomplice liability. |
1 | while this is a correct statement of law, adams also incorrectly holds that the trial court must make written findings of fact when ordering restitution, a proposition that we overruled in mccart v. state, 289 ga.app. 830, 831(1), 658 s.e.2d 465 (2008), prior to deciding adams. |
0 | the dioceses' position that private attorneys are not required to take a secrecy oath -- which they carry into the present briefing -- was and is particularly confounding. |
0 | those narrow circumstances, however, only include an action for mandamus to compel a court's performance or nonperformance of a ministerial or clerical act, see green v. ingrassia, 665 n.y.s.2d 577, 577 (2d dep't 1997), or a prohibition action to restrain a judicial officer from acting without jurisdiction or in excess of jurisdiction. |
1 | on these principles the holding of the guidry case cannot be approved. |
1 | we hold that an order granting or denying a motion for new trial may be freely rescinded so long as such action occurs within the 75 days provided by the rules (i.e., current rule 21.8(a) (c)); to the extent that matthews and its progeny were held to apply during this time period, they are overruled. |
1 | we take this opportunity to expressly overrule christian v. christian. |
0 | because kibria's claims were all based on the same factual predicate, the adverse credibility ruling is dispositive of asylum, withholding of removal, and cat relief. |
0 | if the statutory text is ambiguous, however, we turn to rules of statutory construction to determine its meaning. |
0 | thereafter, the fourth court of appeals abated the appeal and remanded the case to the trial court for a hearing to resolve issues related to the accuracy of the reporter's record. |
0 | the issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (seecplr 5501[a][1]). |
0 | this court must consider any affidavits, depositions, admissions, or other documentary evidence to determine whether there is a genuine issue of material fact. |
0 | as harper's testimony established, a 3-mile radius in houston will contain about 50 grocery stores. |
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