counter defendant definition

9853 results for counter defendant definition

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  • __ U.S. __ (2016), 15-6092, Mathis v. United States

    The Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum sentence on a defendant convicted of being a felon in possession of a firearm who has three prior convictions “for a violent felony,” including “burglary, arson, or extortion,” 18 U.S.C. 924(e). To determine whether a prior conviction is a listed crime, courts apply the “categorical approach,” asking whether the elements of...

    ... defendant convicted of being a felon in possession of a. ... of a crime's legal definition, which must be proved. beyond a reasonable ... 607. That rule can seem counterintuitive: In some cases, a. sentencing judge knows ...

  • 510 U.S. 569 (1994), 92-1292, Campbell v. Acuff-Rose Music, Inc.

    ...The Court of Appeals's rule runs counter to Sony and to the long common- law tradition ...definition of the Greek parodeia, quoted in Judge ... conduct of the sort engaged in by the defendant . . . would result in a substantially adverse ...

  • 502 U.S. 301 (1992), 90-838, Molzof v. United States

    ... depends upon proof that the defendant has engaged in intentional or egregious ... in § 2674, a federal statute, is, by definition, a federal question. Cf. Reconstruction Finance ... drafting and redrafting, amendment and counter-amendment.".         United States v. ...

  • 137 S.Ct. 1039 (2017), 15-797, Moore v. Texas

    Moore was convicted of capital murder and sentenced to death for shooting a clerk during a robbery that occurred when Moore was 20 years old. A state habeas court determined that, under Supreme Court precedent, Moore was intellectually disabled and that his death sentence violated the Eighth Amendment. The court consulted the 11th edition of the American Association on Intellectual and...

    ... definition, which identifies three core elements: (1). ... medical profession has endeavored to counter lay stereotypes,. and the Briseno factors ... 5 To determine whether a defendant has. satisfied the relatedness requirement, ...

  • 128 F.3d 872 (5th Cir. 1997), 96-10892, Lulirama Ltd., Inc. v. Axcess Broadcast Services, Inc.

    ... LTD., INC.; Spencer Michlin, Plaintiffs-Counter . Defendants-Appellants-Cross-Appellees, . ...§ 101. The two parts of this working definition are mutually exclusive: the first part applies to ...

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

    ...; Dawn Marie Stover; Charles Wysong, Defendants, . and . Monica Migliorino Miller; Donald ... of intent to harm." Applying this definition, the court denied ACLA's motion for summary ...        Physicians 6 counter that this threats case must be analyzed under the ...

  • 443 U.S. 157 (1979), 78-5414, Wolston v. Reader's Digest Association, Inc.

    ..., which enable them through discussion to counter criticism and expose the falsehood and fallacies ...A libel defendant must show more than mere newsworthiness to. . ... see no need to adopt so restrictive a definition of "public figure" on the facts before us. ...

  • 632 F.3d 472 (9th Cir. 2010), 08-35359, Western Watersheds Project v. Kraayenbrink

    ...; Dirk Kempthorne; David Rosenkrance, Defendants, . Public Lands Council, Defendant-intervenor, . ...Intervenors counter that not only do they have standing but ...  The 2006 Regulations both narrow the definition of " interested public" and remove the ...

  • 880 F.3d 165 (4th Cir. 2018), 17-1627, Jackson v. Home Depot U.S.A., Inc.

    Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014), did not undermine Palisades Collections LLC v. Shorts, 552 F.3d 327, 331 (4th Cir. 2008). In this case, Home Depot filed a Petition for Permission to Appeal the district court's order remanding to state court. The Fourth Circuit deferred ruling on the petition pending consideration of the merits of the appeal. The court held...

    ... DEPOT U.S.A., INCORPORATED, Third Party Defendant-Appellant, . and . Carolina Water Systems, ... counterclaim against it despite Fourth Circuit precedent to. ... the removal statute’s definition of " defendant.". See Citibank, N.A. v. ...

  • 365 U.S. 167 (1961), 39, Monroe v. Pape

    ...All defendants moved to dismiss, alleging that the complaint ... It should be noted, however, that this definition is merely an allowable, not a mandatory, one. It ... . such embarrassment without countervailing justification. Petitioners' allegations that ...

  • __ U.S. __ (2014), 13-316, Loughrin v. United States

    The bank fraud statute, 18 U.S.C. 1344(2), makes it a crime to “knowingly execut[e] a scheme ... to obtain” property owned by, or under the custody of, a bank “by means of false or fraudulent pretenses.” Loughrin was charged with bank fraud after he was caught forging stolen checks, using them to buy goods at a Target store, and then returning the goods for cash. The district court declined to...

    ... require the Government to prove that a defendant intended to defraud a financial institution. Pp. ... reads " or" to mean " including" --a definition" foreign to any dictionary we know of. .     \xC2"...To support that concededly counterintuitive argument, Loughrin invokes our decision in [134 ...

  • __ U.S. __ (2014), 12-1493, Abramski v. United States

    ...: So long as the person at the counter is eligible to own a gun, the sale to him is ..." when, according to the form's clear definition, he was not. He also signed the requisite ... meaning, and that disfavors the defendant." Burrage v. United States , 571 U.S. __, ...

  • __ U.S. __ (2016), 14-1096, Torres v. Lynch

    Any alien convicted of an “aggravated felony” after entering the U.S. is deportable, ineligible for several forms of discretionary relief, and subject to expedited removal, 8 U.S.C. 1227(a)(2)(A)(iii), (3). An “aggravated felony” is defined as any of numerous offenses listed in Section 1101(a)(43), each of which is typically identified either as an offense “described in” a specific federal...

    ... that offense. Dictionary definitions of the word ". described" do not clearly ... commerce elements and runs counter to the penultimate. sentence's [194 ... criminal statutes to require that a defendant. possess a mens rea, or guilty mind, as to ...

  • 540 U.S. 93 (2003), 02-1674, McConnell v. Federal Election Commission

    ... in support of the law are intervenor-defendants.          Held: .         The ...All activities that fall within this definition must be funded with hard money. § 441i(b)(1). ... § 323(b) is a closely drawn means of countering both corruption and the appearance of corruption. ...

  • 552 F.3d 327 (4th Cir. 2008), 08-2188, Palisades Collections LLC v. Shorts

    ... v. . Charlene SHORTS, Defendant-Appellee, . v. . AT & T Mobility LLC; AT & T bility Corporation, Counter-Defendants-Appellants. . Chamber of Commerce of ... . alter the definition of the word " defendant." . ...

  • 555 U.S. 7 (2008), 07-1239, Winter v. Natural Resources Defense Council, Inc.

    ... the need for extensive sonar training to counter this threat. Those officers emphasized that ... seeks injunctive relief to alter a defendant's conduct. The lower courts failed properly to ....) The Navy also points out that, by definition, mammals recover from Level B injuries, often ...

  • 401 F.2d 833 (2nd Cir. 1968), 296, S.E.C. v. Texas Gulf Sulphur Co.

    ...Huntington, and Harold B. Kline, Defendants-Appellees. . SECURITIES AND EXCHANGE COMMISSION, ..., whether conducted face-to-face, over the counter, or on exchanges, see 3 Loss, Securities ... investors by the trial court's narrow definition of materiality is not at all shaken by fears that ...

  • 344 F.3d 229 (2nd Cir. 2003), 02-6074, U.S. v. VISA U.S.A., Inc.

    ... International, Incorporated, Defendants-Appellants. . Nos. 02-6074, 02-6076, 02-6078. . ..., Visa needs to monitor the situation and counter with competitive products that meet banks['] ... purpose of the inquiries into market definition and market power is to determine whether an ...

  • 486 U.S. 128 (1988), 86-1520, McLaughlin v. Richland Shoe Co.

    ...] Act (FLSA) the "knowing or reckless" definition of "willful" that we previously adopted in ... unlikely that a large number of FLSA defendants will fall into the narrow category of employers ... practices are lawful, a result that seems counter to the concerns expressed in the legislative ...

  • 530 U.S. 255 (2000), 99-5716, Carter v. United States

    ..., Carter ran inside and leaped over a counter and through one of the teller windows. A teller ...705, 716, this Court held that a defendant who requests a jury instruction on a lesser ... as satisfaction with widely accepted definitions, not as a departure from them." Id., at 263 ...

  • 546 U.S. 243 (2006), 04-623, Gonzales v. Oregon

    ...That the current interpretation runs counter to the intent at the time of the regulation's ... something other than its statutory definition, it could not support the Interpretive Rule. Nor ...There the defendant, who had engaged in large-scale overprescribing ...

  • 543 U.S. 462 (2005), 03-8661, Smith v. Massachusetts

    ..., the victim's testimony that the defendant shot him with a "pistol" or "revolver" sufficed ...The ruling here met the definition of an acquittal consistently used in this Court's ... the defendant retained the opportunity to counter the Commonwealth's case, 4 that court ...

  • 535 U.S. 162 (2002), 00-9285, Mickens v. Taylor

    ... knew or reasonably should have known, a defendant must establish that a conflict of interest ...At that point in the proceeding, by definition, the defendant has no lawyer to protect his ... It is also counter to our precedent to treat all Sixth Amendment ...

  • 368 U.S. 157 (1961), 26, Garner v. Louisiana

    ..., who are Negroes, took seats at lunch counters where only white persons customarily were served, ... breach of the peace, holding that the defendants did not commit any unlawful act or pursue any ...definition would, of course, bring within the compass of the ...

  • 390 U.S. 629 (1968), 47, Ginsberg v. New York

    ... (a) The State has power to adjust the definition of obscenity as applied to minors, for even where ... subsection (g) states expressly that a defendant must be acquitted on the ground of "honest ...They have a lunch counter, and, among other things, also sell magazines, ...