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After the district court found that defendant's electronic control device literally infringed certain claims of a patent owned by Taser and denied def...
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After the district court found that defendant's electronic control device literally infringed certain claims of a patent owned by Taser and denied def...
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[...] it is not for life if the judge misbehaves - or at least opponents can make a plausible argument to that effect - and Congress removes the jurist, or at least threatens to remove the judge.5 In such a case "judicial selection" might encompass the tactical use of impeachment to deselect judges. In Part I, this Article frames the phenomenon of impeachment as judicial selection as a tactic of constitutional hardball, i.e., the framework suggested by Professor Mark Tushnet for understanding how parties or movements secure rapid change between constitutional orders.6 Part I also discusses several of the prominent instances of resort to this tactic, including the Jeffersonian, Nixonian, and Christian Coalition impeachments or threats of impeachment. [...] as to the grounds for impeach...
...It illustrates that colorable, nonfrivolous arguments are available to support t...
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Application for reopening denied because appellant failed to present a colorable claim of ineffective assistance of appellate counsel.
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False; counterfeit; something that is false but has the appearance of truth....
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I totally agree with Henry Todd ("Let states decide marriage," Readers' Forum, Aug. 9) wherein he stated, "The residents of the sovereign state of California are completely free to define marriage any way they wish." As Madison stated in Federalist Paper No. 45, "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; ... The powers reserved to the several states will extend to all the objects which, ... concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the State.
Hamilton, in Federalist Paper ...
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APP.R. 26(B) Application for Reopening; Genuine Issue/Colorable Claim of Ineffective Assistance of Counsel on Appeal; Failure to State Proposed Assignments of Error; Res Judicata.
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Applicant has not demonstrated a genuine issue as to whether he has a colorable claim of ineffective assistance of counsel on appeal. Applicant was informed of the maximum penalty during the plea hearing. On direct appeal, this court vacated applicants original sentence and the trial court has resentenced him. Applicants proposed assignments of error challenging the propriety of his sentence are moot.
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Selective prosecution, invidious motive, bad faith, colorable entitlement, evidentiary hearing.
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Because the applicant failed to establish a genuine issue as to whether he has a colorable claim of ineffective assistance of appellate counsel, his application to reopen his direct appeal is denied.