buck v bell case brief

650 results for buck v bell case brief

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  • 575 F.3d 24 (1st Cir. 2009), 08-1569, Simmons v. Galvin

    ..., Attorney General of Massachusetts, was on brief" for appellant/cross-appellee. .         \xC2"... denial" claim, we distinguish vote denial cases from vote dilution 2 claims under § 2 of the ... (quoting Bell A. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. ... [w]hat is behind this remarkable decision to buck text, context, and legislative history in order ...

  • Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

    ...Casey, Justice O'Connor stated: . [D]ivergences from .... In Buck v. Bell, Justice Holmes misapplied Jacobson and ... for the first time in the petitioner's brief to the Court and was dismissed without being ...

  • 34 F.3d 266 (4th Cir. 1994), 94-6359, Taylor v. Freeman

    ...ON BRIEF: William McBlief, Office of the Atty. Gen. of ...The cases make it plain that questions of prison ... administration rather than a court."); Bell v. Wolfish, 441 U.S. 520, 562, 99 S.Ct. 1861, ...("Found 4 gallons of homemade buck (liquor) buried in yard[.]"). Finally, the court ...

  • 451 F.3d 496 (8th Cir. 2006), 05-3587, Lankford v. Sherman

    ... Law Center, Washington, D.C., on the brief), for appellant.         Gary L. ... with all Medicaid rules, rendering this case moot. It is well-settled that "a defendant's ... See Bell v. Sellevold, 713 F.2d 1396, 1399 (8th Cir. ...Buck, Centers for Medicare and Medicaid Services, to ...

  • The arctic ice melt: emerging resources, emerging issues.

    ...This section begins with a brief primer on the Arctic as a geographic region, and ... will use the disputed Beaufort Sea area as a case study to illustrate the beneficial impact of not ...(160.) See Steve Contomo, Virginia Senators Buck Obama on Offshore Drilling, Wash. Examiner (July ...C.f. John B. Bellinger, Treaty on Ice, N.Y. Times (June 23, 2008), ...

  • 102 F.3d 1564 (10th Cir. 1996), 95-1342, Northington v. Marin

    ...Halaby with him on the brief), of Halaby, Cross, Liechty, Schluter & Buck, of ... appointed to represent Northington, and the case went to trial before a magistrate judge sitting ... L.Ed.2d 521 (1979); Menne, 861 F.2d at 1466; Bell v. Mickelsen, 710 F.2d 611, 619 (10th Cir.1983) ...

  • 329 F.3d 317 (2nd Cir. 2003), 02-9005, Gerosa v. Savasta & Co., Inc.

    ...Markowitz (Nancy A. Walker, on the brief), Markowitz & Richman, Philadelphia, PA, for ...      The individual plaintiffs in this case are each trustees of the Plaintiff, Cement ...1996); Pappas v. Buck Consultants, Inc., 923 F.2d 531, 540 (7th Cir. ...1003, 140 L.Ed.2d 210 (1998) (citing Bell v. Hood, 327 U.S. 678, 682-83, 66 S.Ct. 773, 90 ...

  • Red lights to green lights: from 20th century environmental regulation to 21st century sustainability.

    ...It makes the case for a transformed legal framework that ...We can get a bigger bang for the buck by working hard to make sure we design rules that ... Handbook on Sustainability Indicators (Simon Bell & Steve Morse eds., forthcoming 2018) ...) Rishikesh Bhandary et al., Taking Stock: A Brief Analysis of the UN Sustainable Development ...

  • 105 F.3d 572 (10th Cir. 1997), 95-1172, Gaylor v. Does

    ...Halaby (Robert M. Liechty with him on the brief), of Halaby, Cross, Liechty, Schluter & Buck, ... whether Gaylor has made a sufficient case turns on due process precedents such as Bell v. ...

  • Lambrix v. Secretary, Doc, Florida Attorney General, 100517 FED11, 17-14413

    The Eleventh Circuit granted the State's motion to vacate the district court's certification of appealability and denied petitioner's stay of execution. Petitioner contended that his federal Due Process, Equal Protection, and Eighth Amendment rights were violated by the state court's failure to give retroactive effect to (1) Chapter 2017-1, a revised version of Florida Statute 921.141 (Florida's...

    ... forth some of the protracted history of this case. because the current matter before this ... and two death sentences. We briefly review here some of the. history of ... Buck v. Davis, 580 U.S. ___, 137. S.Ct. 759 ... See Bell v. Fla. Att'y Gen., 614 F.3d 1230,. 1231-32 ...

  • Kerr v. Hickenlooper, 060316 FED10, 12-1445

    ...SPENCER SWALM; REP. JANAK JOSHI; REP. PERRY BUCK; SEN. TED HARVEY; SEN. KENT LAMBERT; SEN. MARK ... ASSOCIATION; COLORADO GENERAL ASSEMBLY; BELL POLICY CENTER; COLORADO FISCAL INSTITUTE; THE ... LLC, with him on the briefs), Office of the Attorney General. for the ... asked to take a second look at this case to consider the. effect of the Supreme ...

  • 676 F.3d 680 (8th Cir. 2012), 10-3636, Grade v. BNSF Ry. Co.

    ...Carlson, argued, Thomas C. Sattler, on the brief, Lincoln, NE, for Appellee.           ... Crossing with a mounted flashing light and bell warning signal; (g) In failing to install a ... marking the B Street Crossing with a cross-buck sign and not a cross arm devise [sic] with a hing light. (Complaint at 3). The case was removed to federal court based on diversity ...

  • 806 F.2d 1169 (3rd Cir. 1986), 85-5360, United States v. Rosenberg

    ...This case requires us to determine, inter alia, whether the ... their political beliefs, have submitted a brief" to this court on the issue as amici curiae.   \xC2"... single transaction into multiple offenses." Bell v. United States, 349 U.S. 81, 84, 75 S.Ct. 620, ... that Rosenberg's "comrade", Marilyn Buck, was permitted to walk out of Alderson on a legal ...

  • The Legal Status of the Ex Utero Embryo: Implications for Adoption Law

    Introduction . I. Choice of Terms: Why it Matters . II. The Embryo as a Rights Bearing Entity . III. Ex Utero Embryos as Property . IV. The Consequences of Recognizing the Ex Utero Embryo as a Person . V. Adoption Laws and Embryo Donation . VI. Conclusion .

    ...That is not the case, however. As the vigorous and at times ... . Id. at 598. . Id. at 600 (citing Buck v. Bell, 274 U.S. 200, 207 (1927); Skinner v. .../www.nytimes.com/2006/04/03/us./03; see also Brief of Amici Curiae Religious Coalition for ...

  • 719 F.3d 660 (8th Cir. 2013), 12-2321, United States v. Johnson

    ...Reinert, AUSA, on the brief, Cedar Rapids, IA, for appellee. . ..." In a drug conspiracy case .. the government is not required to present ... See United States v. Buck, 661 F.3d 364, 374 (8th Cir.2011). Accordingly, ...Bell, 573 F.2d 1040 (8th Cir.1978). See United ...

  • 49 F.3d 1460 (10th Cir. 1995), 93-3100, St. Francis Regional Medical Center v. Blue Cross and Blue Shield of Kansas, Inc.

    ...Hite (Arthur S. Chalmers, with him on the briefs) of Kahrs, Nelson, Fanning, Hite & Kellogg, ... of Davis, Unrein, Hummer, McCallister & Buck, Topeka, KS (Mark A. Buck of Davis, Unrein, ... Misic is consistent with our holding in this case that ERISA cannot be read to impose a mandate ...Manzanares v. Bell, 214 Kan. 589, 522 P.2d 1291, 1312 (1974). The ...

  • Murphy v. Davis, 082418 FED5, 17-70007

    The Fifth Circuit granted petitioner a certificate of appealability (COA) to challenge the denial of two of his habeas claims. Petitioner's first claim alleged that his trial counsel was constitutionally deficient during the penalty phase of trial by failing to correct a potentially misleading impression created by one of his experts. Petitioner's second claim alleged that the State suppressed...

    ... prosecutor in his case. Upon full review, we agree with the. ... man briefly kidnapped her and then stole her car. After. ... loud, belligerent, and things would spiral downward and out. ... first prong "sets a high bar." Buck v. Davis, 137 S.Ct. 759, 775 (2017). "To ...

  • 184 F.3d 268 (3rd Cir. 1999), 97-1927, Angelico v Lehigh Valley Hospital

    ..., Union Meeting Corporate Center V, Blue Bell, PA 19422, Attorney for Appellant. ...         Frederick B. Buck, III, Esq., Rawle & Henderson, One South Penn ...         In this case, we must distinguish the antitrust injury that is ... counsel generally deserve an opportunity to brief the issue, the imposition of sanctions does not ...

  • 883 F.3d 577 (5th Cir. 2018), 16-70018, King v. Davis

    The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner after he was convicted of the capital murder of James Byrd and sentenced to death. Byrd's dismembered body was found by Jasper police officers in front of a church where it had been dragged by a truck. The court held that petitioner's ineffective assistance of trial counsel (IATC) claim lacked merit, even when...

    ... ineffective in presenting the case for. King’s innocence. We agree with the ... brief time, and then left. 1 The chain was found the ... unclear whether AEDPA deference applies" ); Bell v. Cone, 543 U.S. 447, 451 & n.3, 125 S.Ct. ... bar." Buck v. Davis, __ U.S. __, 137 S.Ct. 759,. 775, ...

  • 715 Fed.Appx. 380 (5th Cir. 2017), 17-70009, Washington v. Davis

    ... supplemental briefing ordered by the district court,. Washington ... appeal without jurisdiction." Buck v. Davis, __. U.S. __, 137 S.Ct. 759, 773, ...Since this. is a death-penalty case, "any doubt as to whether a COA. should ... corpus proceeding." Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 ...

  • 715 Fed.Appx. 380 (5th Cir. 2017), 17-70009, Washington v. Davis

    ... supplemental briefing ordered by the district court,. Washington ... appeal without jurisdiction." Buck v. Davis, __. U.S. __, 137 S.Ct. 759, 773, ...Since this. is a death-penalty case, "any doubt as to whether a COA. should ... corpus proceeding." Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 ...

  • 850 F.3d 1201 (11th Cir. 2017), 15-15691, Butts v. GDCP Warden

    Petitioner, convicted of murder and sentenced to death, appealed the district court's denial of his 28 U.S.C. 2254 petition for a writ of habeas corpus. The court agreed with the district court that petitioner failed to establish that the Georgia trial court unreasonably rejected his claim that trial counsel failed to investigate, develop, and present mitigating evidence at sentencing, or that...

    ... attempting to build a case that he was ineffective could not. have ...at 2065. (citation omitted); see also Buck v. Davis, 580. U.S., 137 S.Ct. 759, 197 ...6,. 22). Both parties have now briefed exhaustion, procedural. default, and the ...Crosby, 385 F.3d 1300, 1309 (quoting. Bell v. Cone, 535 U.S. 685, 699, 122 S.Ct. 1843, 152. ...

  • United States v. Hubert, 031919 FED11, 16-10874

    ... poll on whether this case should be reheard by the Court. sitting en ... Id. at 340. After briefing and oral argument, a. panel of this Court ...Ctr., 139 F.3d 270, 273 (1st Cir. 1998); Bell. v. United States, 296 F.3d 127, 128 (2d ... analysis." Buck v. Davis, 137 S.Ct. 759, 773. (2017). But ...

  • 381 U.S. 741 (1965), 587, Cameron v. Johnson

    ... (1958 ed.) bars a federal injunction in this case, see 380 U.S. at 484, n. 2. If § 2283 is not a ...157; Watson v. Buck , 313 U.S. 387; Beal v. Missouri Pac. R. Co. , ...         The Court's exceedingly brief order directs the District Court, on remand, if ...1964, c. 343. 1 See Bell v. Maryland , 378 U.S. 226, 242 (opinion of ...

  • 75 F.3d 1453 (10th Cir. 1996), 93-7043, United States v. Hutching

    ..., Muskogee, Oklahoma, with him on the brief), for Plaintiff-Appellee.         Before ...         The basic facts of this case are set out in United States v. McCullah, 76 F.3d ... three individuals: James Shiew, Herman "Buck" Thornton, and Ed Thayer. However, contrary to ... of the criminal enterprise: Claude "Gary" Bell and Melva Ford, and there was also substantial ...