case brief tennessee v garner

1361 results for case brief tennessee v garner

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  • 542 U.S. 507 (2004), 03-6696, Hamdi v. Rumsfeld

    ... judgment is vacated, and the case is remanded. . . 316 F.3d 450, ...Brief for Respondents 3. We therefore ... Cf. Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. ...

  • 525 U.S. 182 (1999), 97-930, Buckley v. American Constitutional Law Foundation

    ...With her on the briefs were Richard A. Westfall, ...We review in this case three conditions Colorado places on ...191, 198 (1992) (Tennessee law prohibiting solicitation of ... initiative proposals would garner the signatures necessary to qualify. ...

  • 462 U.S. 611 (1983), 81-984, First Nat. City Bank v. Banco Para El Comercio Exterior De Cuba

    ... petitioner.  With him on the briefs were John E. Hoffman, Jr., and ... the question presented by this case requires us to describe in some ...Friedmann & J.F. Garner eds. 1970). . ...Roosevelt described the Tennessee Valley Authority, perhaps the best ...

  • Home Depot U.S. A., Inc. v. Jackson, 052819 FEDSC, 17-1471

    ... remove the case from state to federal court, but ...Scalia & B. Garner, Reading Law 167 (2012) ("The text ...201, 208 (1895); Tennessee v. Union &. Planters' Bank, ... reached a "consensus," see Brief for. Respondent i, 1, 14, 19, ...

  • __ U.S. __ (2017), 16-67, White v. Pauly

    Two women called 911 to report Daniel as a “‘drunk driver’” on a highway near Santa Fe, then followed Daniel with their bright lights on. Daniel, feeling threatened, pulled over at an off-ramp to confront them. After a nonviolent encounter, Daniel drove to a secluded house where he lived with his brother, Samuel. Officer Truesdale interviewed the women at the off-ramp and obtained Daniel’s...

    ... case addresses the situation of an ... confront them. After a brief, nonviolent encounter, Daniel. ... inter alia, Tennessee v. Garner,. 471 U.S. 1, 105 ...

  • 873 F.3d 699 (9th Cir. 2017), 16-15606, Longoria v. Pinal County

    In this 42 U.S.C. 1983 action, the Ninth Circuit reversed the district court's grant of qualified immunity for the sheriff and affirmed the dismissal of claims brought by family members alleging that the sheriff used excessive force when he shot and killed Manuel Longoria. The panel held that the sheriff's credibility or the accuracy of his version of the facts was a central question that had to...

    ... this case, Rankin's credibility or the ..., he got out of the car for a brief period and held. his wallet ... unmatched." Tennessee v. Garner, 471 U.S. 1, 9,. 105 ...

  • __ U.S. __ (2015), 14-1143, Mullenix v. Luna

    Sergeant Baker, with a warrant, approached Leija’s car at a restaurant and stated that he was under arrest. Leija sped onto I-27. Leija led Baker and Texas Trooper Rodriguez on an 18-minute chase at 85-110 mph. Leija twice called dispatch, claiming to have a gun and threatening to shoot the officers. The dispatcher broadcast Leija’s threats and a report that Leija might be intoxicated. Officer...

    ... deadly force in previous cases were absent here: There were no ... rule, set forth in Tennessee v. Garner , 471 U.S. 1, 105 ..., 762 F.3d 433, 440 (CA5 2014); Brief for National Association of Police ...

  • Prior sexual misconduct evidence in state courts: constitutional and common law challenges.

    ... of prior sexual misconduct in cases where a defendant is charged with a ..., (17) Oklahoma, (18) Tennessee, (19) Utah, (20) and Washington. ... are charged with sex crimes, a brief background on the basics of ....) See Antonin Scalia & Bryan Garner, Reading Law: The Interpretation of ...

  • Rodriguez v. Swartz, 080718 FED9, 15-16410

    The Ninth Circuit affirmed the district court's denial of qualified immunity to a border patrol agent who, while standing on American soil, shot and killed a teenage Mexican citizen, J.A., who was innocently walking down a street in Mexico. The panel held that the agent violated the Fourth Amendment and lacked qualified immunity where it was inconceivable that any reasonable officer could have...

    ... in this case. In holding to the contrary, Judge ... filed an amicus brief that presented an argument that had ... decision in Tennessee v. Garner, we wrote that even. ...

  • 833 F.3d 1163 (9th Cir. 2016), 15-10117, United States v. McIntosh

    ... ten cases are consolidated interlocutory ... South Carolina, Tennessee, Utah, Vermont, Washington, and. ... the conclusion of his opening brief:. “ Therefore, the Court ...See Bryan A. Garner, Garner’s. Dictionary of ...

  • 859 F.3d 741 (9th Cir. 2017), 17-15589, State v. Trump

    President Trump, in issuing Executive Order 13780, "Protecting the Nation from Foreign Terrorist Entry Into the United States," exceeded the scope of the authority delegated to him by Congress. After determining that plaintiffs have standing to assert their claims based on the Immigration and Nationality Act (INA), the Ninth Circuit held that plaintiffs have shown a likelihood of success on the...

    ... Carolina, South Dakota, Tennessee,. and West Virginia, and ... and Homeland Security to make case-by-case. exceptions to these ...See. Brief of the Foundation of Children of ... Bryan A. Garner, Reading Law: The Interpretation of ...

  • 809 F.3d 134 (5th Cir. 2015), 15-40238, Texas v. United States

    ...; STATE OF NEVADA; STATE OF TENNESSEE, Plaintiffs-Appellees, . v. . ...     This Pagination of this case accurately reflects the pagination ...After extensive briefing and more than two hours of oral ...Bryan A. Garner, Garner's Dictionary of Legal Usage ...

  • 378 U.S. 226 (1964), 12, Bell v. Maryland

    ... and prior to disposition of the case on writ of certiorari in this Court, ...286, 289; Ashcraft v. Tennessee , 322 U.S. 143, 155-156. 5 . .... Q. Could you tell us briefly something about what commodities it ... 9 See Garner v. Louisiana , 368 U.S. 157, 185 ...

  • 883 F.3d 233 (4th Cir. 2018), 17-2231, International Refugee Assistance Project v. Trump

    ... BRIEF: Noel J. Francisco, Solicitor ... SCHOOL, Nashville, Tennessee; Alan Hyde, RUTGERS LAW SCHOOL,. ... both cases and left the injunctions in place ... Garner, Reading Law: The Interpretation of ...

  • 751 F.3d 752 (6th Cir. 2014), 12-6314, Cartwright v. Garner

    ... Court for the Western District of Tennessee at Memphis. No. 2:12-cv-01025--Jon Phipps .... .           ON BRIEF: . .           Justin E. Mitchell, .... .           The parties in this case have been engaged for years in multiple lawsuits ...

  • Tennessee Wine And Spirits Retailers Association v. Thomas, 062619 FEDSC, 18-96

    ... requirements' constitutionality. The case was removed to. Federal District Court, ... App. to Brief in Opposition 11a; see also id., at. 12a ...497, 503 (1936); A. Scalia & B. Garner, Reading Law. 327-328 (2012); 1A N. Singer ...

  • __ U.S. __ (2014), 12-1117, Plumhoff v. Rickard

    ... in cases in which the defendant asserts a ... Tennessee. While on I-40, they attempted to ... (1989); Tennessee v. Garner, 471 U.S. 1,. 105 S.Ct. 1694, ...See Brief for Respondent 24-35. Second,. ...

  • The Death Penalty & the Dignity Clauses
  • Constitutional Parenthood

    Despite having recognized the constitutional rights of parents almost a hundred years ago, the Supreme Court has not weighed in on the subject of who qualifies as a "parent" under the Fourteenth Amendment in 30 years. In light of the Court's silence, the states have been forced to individually grapple with the issue of constitutional parenthood—a task made exponentially more difficult...

  • Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World

    Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.

  • An economic analysis of search and seizure law.

    ... will assist in solving the case. A "fair probability" (147) that ... constitutes a severe, though brief, intrusion upon cherished personal ...593, 595 (1989) (quoting Tennessee v. Garner, 471 U.S. 1, 7 (1985)). . ...

  • 532 U.S. 318 (2001), 99-1408, Atwater v. Lago Vista .

    .... Case No. 99-1408 . United States ...With him on the briefs were Debra Irwin, Pamela McGraw, ...See ibid. (citing Tennessee v. Garner, 471 U.S. 1 (1985) ...

  • GINA, Big Data, and the Future of Employee Privacy.

    ...GINA IN THEORY 715 A. A Brief Introduction to GINA 716 B. GINA's ... FOR RESOLUTION IN FEDERAL CASES WITH PLAUSIBLE GINA CLAIMS 783 ... the moment GINA passed, it garnered significant criticism. (160) Ten ... at the University of Tennessee College of Law. Jessica L. Roberts ...

  • Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans

    ... \7\ Brief of the Secretary of Labor as amicus ... opinions, nor relevant court cases, foreclose DOL from adopting a more ... will continue to permit), to garner sufficient numbers of insured in ... and more than 20,000 in Tennessee alone.\83\ These and other ...