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collateral attack definition
3.873 documents for collateral attack definition
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... forState post-conviction or other collateral review with respect to the pertinent judgment or c... 12-13, but theydisagree about the definition of that term. Rhode Islandargues that "collateral ... of the related phrase "collateral attack"points in the same direction. A "collateral attack...
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... proceeding has no right to collaterally attack the validity of previous state convictions ...Rev. 142, 151 (1970). Would not this definition easily cover the Strickland and Boykin claims Cust...
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In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence—every jurisdiction, that is, except Kentucky. The Supreme Court of Kentucky recently held that when there is no duty to warn about a consequence because it is collateral, misadvice about that same consequence is not a consti...
... line is that guilty pleas are immune from attack if a defendant remains ignorant of the collateral ... in the case, in its discussion of the definition of a knowing and voluntary guilty plea, the decisi...
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...'s OATT adopted the pro forma tariff's definition of "Eligible Customer," which includes "any retail... an impermissible and untimely collateral attack on the "Eligible Customer" definition inclu...
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Theory and Practice, expresses the difference between insurgency and counterinsurgency very clearly: Revolutionary warfare ... represents an exceptional case not only because as we suspect, it has its special rules, different from those of the conventional war, but also because most of the rules applicable to one side do not work for the other.
...."2. On the surface, these definitions suggest that insurgency and counterinsurgency are ..., make it increasingly difficult to attack insurgent finances. Enduring Characteristics of Co...If there is a strong likelihood of collateral damage, we should not attack because collateral da...
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...That is the very definition of a collateral attack. See Parke v. Raley , 506 U...
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...); second, it was effectively a second collateral attack, which could not proceed without prior appe...Durrive used a definition of "prejudice" that the Supreme Court later replac...
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... Commercial Code (UCC) controls the definition of true leases for personal property. (30) But the... allows the trustee to abandon the collateral that secures any of the debtor's loans if the prop...(77) . Thus, Professor Ayer's attack on the lease/loan distinction could just as easily...
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... willingness to entertain this collateral attack cannot be squared with res judicata and the...The definition of Policy Claims contains nothing limiting it to d...
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Collateral attack — Prior judgment entered in different court — Attack did not claim prior judgment issued without jurisdiction or as product of fraudulent conduct.
.... From the above definitions, it is apparent that a "collateral attack" is not ...
