beyond a reasonable doubt analogy

7049 results for beyond a reasonable doubt analogy

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  • 888 F.2d 530 (8th Cir. 1989), 88-2359, Smith v. Armontrout

    ...By "facts" we mean what a reasonable jury could have found, on the basis of ... the handwriting expert, and we have no doubt that it would have done so had Mr. Putzel refused ... showed to the jury unanimously and beyond a reasonable doubt that the defendant did torture ...So, by analogy with Jackson, due process would forbid a verdict ...

  • Reasonable doubt and moral elements.

    ..., every element of the crime with which he is charged must be proven beyond a reasonable doubt. This Article argues that this fundamental proposition ..., despite the considerable initial appeal of the rule of lenity analogy. First, the beyond a reasonable doubt requirement applied to moral ...

  • __ U.S. __ (2016), 14-361, Ocasio v. United States

    Ocasio and other police officers routed damaged vehicles from accident scenes to an auto repair shop in exchange for kickbacks. He was charged with obtaining money from the shopowners under color of official right (Hobbs Act, 18 U.S.C. 1951), and conspiring to violate the Hobbs Act, 18 U.S.C. 371. The court rejected his argument that—because the Act prohibits the obtaining of property “from...

    ... beyond a reasonable doubt that the conspiracy was to ...The Court draws this rough analogy in an. attempt to cabin the scope of future ...

  • 544 U.S. 349 (2005), 03-725, Pasquantino v. United States

    ... to tax obligations on the strength of the analogy between a country's revenue laws and its penal ... as of 1952 had extended the revenue rule beyond its core prohibition had not faced a case closely ... one--and thus we cannot say with any reasonable certainty whether Congress in 1952 would have ... foreign contracts under foreign law no doubt "enforced" foreign revenue law in the sense that ...

  • 540 U.S. 614 (2004), 02-1377, Doe v. Chao

    ...'s language to serve as a sound basis for analogy; and even as to the other provisions, this Court ... history will rarely override a reasonable interpretation. . of a statute that can be ... to disclosing Doe's Social Security number beyond the limits set by the Privacy Act. See 5 U.S.C. ... mentioned indicates beyond serious doubt that general damages are not authorized for a ...

  • 767 F.3d 379 (4th Cir. 2014), 12-2173, Owens v. Baltimore City State's Attorneys office

    Plaintiff filed suit under 42 U.S.C. 1983, alleging that defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for rape and murder. The district court dismissed the complaint on statute-of-limitations grounds, and, in the alternative, the district court held that the Baltimore City State's Attorney's Office enjoyed sovereign immunity,

    ..., defense counsel apparently cast enough doubt on Thompson's testimony to prompt ASA Brave to ... in the complaint," and " draw all reasonable inferences in favor of the plaintiff." E.I. du ... distinct" tort, provides the closest analogy to Owens's Brady-like claim. See Brady v. ...& Jud. Proc. § 5-101. This much is beyond debate. When Owens' § 1983 claim accrued, ...

  • 505 U.S. 833 (1992), Planned Parenthood of Southeastern Pennsylvania v. Casey

    ... regarding abortions is required by the doubt this Court's subsequent decisions have cast upon ... as it does a simple limitation beyond" which a state law is unenforceable. P. 855.   \xC2".... . and which also recognizes, what a reasonable and sensitive judgment must, that certain ...The appropriate analogy, therefore, is that of a state law requiring ...

  • 530 U.S. 211 (2000), 98-1949, Pegram v. Herdrich

    ... of Herdrich's contrary view leave no doubt as to Congress's intent. Recovery against ... court applying an ERISA standard of reasonable medical skill. This would, in turn, seem to ...        Beyond the threshold statement of responsibility, r, the analogy between ERISA fiduciary and common law trustee ...

  • 511 U.S. 1 (1994), 92-8894, Victor v. Nebraska

    ...beyond a reasonable doubt every element of a charged ... "because the analogy it uses seems misplaced. In the decisions people ...

  • 452 U.S. 18 (1981), 79-6423, Lassiter v. Department of Social Services

    ... Court's decisions have by now made plain beyond the need for multiple citation that a parent's ...While hearsay evidence was no doubt admitted, and while Ms. Lassiter no doubt left ... arguably supports an automatic analogy to the criminal process, the Court has eschewed a ... who appears unrepresented, it seems reasonable to infer that a sizable number of cases against ...

  • 48 U.S. 283 (1849), Smith v. Turner

    ... reversed, there must be great and serious doubts upon the subject.  I therefore enter upon this ..., and the helpless, and to place them beyond the possibility of a return. . ... that the provisions of the act are reasonable, so far as regards the class who come in formæ ... Justice Marshall says,--'There is no analogy between the power of taxation and the power of ...

  • 290 F.3d 1058 (9th Cir. 2002), 99-35320, Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists

    ..., as a statement made when "a reasonable person would foresee that the statement would be ... Id. at 708, 89 S.Ct. 1399. Beyond this, ACLA points out that the posters contain no ... these most basic premises, there can be no doubt that the documents upon which the damages ...        2. An analogy: Stated in those terms, the issue bears a close ...

  • __ U.S. __ (2017), 15-1194, Packingham v. North Carolina

    North Carolina law made it a felony for a registered sex offender “to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages.” N.C. Gen. Stat. 14–202.5(a), (e). The state has prosecuted over 1,000 people under that law. Petitioner was indicted after posting a statement on his...

    ...1846, 119. L.Ed.2d 5. The better analogy is Board of Airport. Comm'rs of Los Angeles ... extends well beyond the evils the State seeks to. combat." Id., ... is also no doubt that, as this Court has recognized, ". ... abuse, it is legitimate and entirely reasonable for. States to try to stop abuse from ...

  • 29 CFR 1910.1200 - Hazard communication
  • 567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius

    ... such a construction is reasonable. . .          The. ... to not buying health insurance, beyond requiring. a payment to the IRS. And ... anything else. No one would doubt that this law imposed a. tax, and was ... The Chief Justice draws an analogy to the car market. An. individual " is not ...

  • 524 U.S. 721 (1998), 97-6146, Monge v. California

    ... the prosecution must prove the allegations beyond a reasonable doubt; and the rules of evidence ... in a sentencing proceeding, however, the analogy is inapt. The pronouncement of sentence simply ...

  • 494 U.S. 433 (1990), 88-5909, McKoy v. North Carolina

    ... Do you unanimously find from the evidence, beyond a reasonable doubt, the existence of one or more ...Second, the dissent's analogy to the affirmative-defense cases confuses the ...

  • 518 U.S. 727 (1996), 95-124, Denver Area Ed. Telecommunications Consortium

    ... does not itself throw into constitutional doubt the decisions of private citizens to permit, or ... that, in their view, make the analogy with private broadcasters inapposite and make ..., at times of the day when there is a reasonable risk that children may be in the audience.' " 438 ... substantially similar programming to be beyond the pale of "patently offensive" material, or if ...

  • Summaries of Published Opinions, 1117 COBJ, Vol. 46, No. 10 Pg. 93

    ... Misconduct—Burden of Proof—Beyond a. Reasonable Doubt—Evidence— Intent ... by using a puzzle analogy during closing argument. The. prosecutor ...

  • 569 U.S. 1 (2013), 11-564, Florida v. Jardines

    ... L.Ed.2d 214. Here there is no doubt that the officers entered. it: The front ... that is objectively reasonable is not vitiated by. the fact that the ... a simple analogy clinches this case--and does so on privacy. ... beyond that law's formal protections--about an ...

  • ___ U.S. ___ (2013), 12-207, Maryland v. King

    ... police booking procedure that is reasonable under the Fourth Amendment. Pp. 1966-1980. (a) ... intrusion upon the arrestee's privacy beyond that associated with fingerprinting is not ... in the rape trial, but there seems to be no doubt that it was the DNA from the cheek sample taken ... respondent's primary objection to this analogy is that DNA identification is not as fast as ...

  • 567 U.S. 460 (U.S. 2012), 10-9646, Miller v. Alabama

    ...2011, 176 L.Ed.2d 825. (generally doubting the penological justifications for. ... killing Cole Cannon is beyond question. But once again, a. sentencer ...But even accepting an analogy between. capital and juvenile ... reasonable legislative response to the concerns expressed ...

  • 501 U.S. 624 (1991), 90-5551, Schad v. Arizona

    ... a crime was committed provides a useful analogy. Nevertheless, the Due Process Clause does place ... jury's options in this case did not fall beyond the constitutional bounds of fundamental fairness ... fact from those to be proved beyond a reasonable doubt, either by placing the burden on defendants ...

  • 544 U.S. 228 (2005), 03-1160, Smith v. City of Jackson

    ... "where the differentiation is based on reasonable factors other than age" (hereinafter RFOA ...Beyond these performance-affecting factors, there is ... See supra, at 8-11. There is no analogy in the structure of Title VII. Furthermore, as ...But the support for that inference is doubtful, to say the least. The regulation specifically ...

  • 512 U.S. 821 (1994), 92-1625, Mine Workers v. Bagwell

    ... required that contumacious acts be proved beyond a reasonable doubt, but did not afford the union ... Id., at 588.         A close analogy to coercive imprisonment is a per diem fine ...