• California
  • Appeal from the United States District Court for the Central District of California J. Spencer Letts, District Judge, Presiding Argued and Submitted February 15, 2001--Pasadena, California Filed March 26, 2001 Before: A. Wallace Tashima and Raymond C. Fisher, Circuit Judges, and Thomas S. Zilly, District Judge. (ilw.com)
  • Castillo contends that his prior state conviction for vio- lating California Penal Code ("CPC") S 12021(a) as a felon in possession of a firearm does not constitute an aggravated fel- ony under 8 U.S.C. S 1101(a)(43)(E), because it is not "an offense described in" 18 U.S.C. S 922(g)(1), the federal felon in possession statute. (ilw.com)
  • California v. United States , 104 F.3d 1086 (9th Cir. (justice.gov)
  • Proposition 218 was an adopted initiative constitutional amendment in the state of California on the November 5, 1996 statewide election ballot. (wikipedia.org)
  • The credit ratings issue became so heated during the Proposition 218 election campaign that the California State Treasurer, in an effort to calm the municipal bond market, took the extraordinary step of warning measure opponents against exaggerating the possible negative impacts on local government credit ratings and bond issuances when discussing Proposition 218. (wikipedia.org)
  • statutes
  • Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. (wikipedia.org)
  • First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. (wikipedia.org)
  • Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. (wikipedia.org)
  • 1986
  • 2 QUESTION PRESENTED In 1986, the U.S. Bankruptcy Court for the Southern District of New York (Lifland, J.) confirmed a landmark plan of reorganization for Johns- Manville Corporation that channeled hundreds of thousands of asbestos-related personal injury claims into a special trust fund for the benefit of injured workers and their families. (docplayer.net)
  • The bankruptcy court s decision was affirmed by the District Court, but in February 2008, over two decades after the original orders became final, a different panel of the Second Circuit held that the bankruptcy court lacked authority in 1986 to enter a confirmation order that extended beyond the 'res' of the debtor s estate, i.e., insurance policy proceeds. (docplayer.net)
  • defendants
  • IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JOHN K. RICHARDSON Plaintiff vs. DONALD WILLIAMSON, et al, Defendants ) ) ) ) ) ) ) ) ) C.A.No. 08-1283 Pittsburgh District Judge McLaughlin Magistrate Judge Baxter MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION I RECOMMENDATION It is respectfully recommended that the motion to dismiss filed by Defendants Williamson, Brooks, Giroux, Harlow, and Clark [Document # be granted. (justia.com)
  • American Safety's claims against United National and Indian Harbor are due to be dismissed, and United National and Indian Harbor are due to be dismissed as defendants. (justia.com)
  • In the United States, two primary standards govern defendants seeking the insanity defense: the M'Naughten test and the American Law Institute test. (jaapl.org)
  • conviction
  • Third, in Begay v. United States(2008), a case involving whether a felony conviction for driving under the influence is a crime of violence for purposes of the Armed Career Criminal Act, the Supreme Court reversed 6-3 a Tenth Circuit panel decision from which McConnell dissented. (wikipedia.org)
  • Complaint
  • The Court RECOMMENDS that Patterson's complaint be 22 dismissed without prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state 23 a claim upon which relief may be granted. (justia.com)
  • A district 28 court may dismiss the complaint of an IFP applicant at any time if it determines that the 11-cv-06137 NC REFERRAL FOR REASSIGNMENT W ITH RECOMMENDATION Case N o. 1 complaint fails to state a claim upon which relief may be granted. (justia.com)
  • Patterson's complaint, however, fails to 7 state a claim upon which relief may be granted. (justia.com)
  • Patterson's complaint also fails to state a claim for relief under 42 U.S.C. § 1983, 28 which provides a cause of action for constitutional violations committed by persons acting under the color of state law, as Patterson does not allege that Crespo acted under the authority of state 11-cv-06137 NC REFERRAL FOR REASSIGNMENT W ITH RECOMMENDATION Case N o. 2 1 law when she purportedly violated his rights. (justia.com)
  • No. CV 12-0760-PHX-RCB (MEA) ORDER 15 16 Plaintiff Robert Carrasco Gamez, Jr., who is confined in the Arizona State Prison 17 Complex, Browning Unit, in Florence, Arizona, has filed a pro se civil rights Complaint 18 pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. (justia.com)
  • The Court must dismiss a complaint or portion thereof if a plaintiff has raised 6 claims that are legally frivolous or malicious, that fail to state a claim upon which relief may 7 be granted, or that seek monetary relief from a defendant who is immune from such relief. (justia.com)
  • 15 "[A] complaint must contain sufficient factual matter, accepted as true, to 'state a 16 claim to relief that is plausible on its face. (justia.com)
  • Court
  • McConnell was nominated by President George W. Bush on September 4, 2001 to a seat on the United States Court of Appeals for the Tenth Circuit, and confirmed unanimously by the United States Senate on November 15, 2002 by voice vote. (wikipedia.org)
  • In 1992, probation officers employed by the State of Maine filed a suit against their employer in United States District Court for the District of Maine. (wikipedia.org)
  • After the dismissal, the probation officers filed the same action in Maine state court. (wikipedia.org)
  • In 1992, Castillo had been convicted of two fel- ony counts in Orange County Superior Court, for being a felon in possession of a handgun pursuant to CPCS 12021(a), and for possession of a handgun in violation of a condition of probation pursuant to CPC S 12021(d). (ilw.com)
  • If the court can reasonably read pleadings to state a valid claim on which the litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigant's unfamiliarity with pleading requirements. (justia.com)
  • MEMORANDUM OPINION AND ORDER - For the reasons stated above, the Court DENIES the parties motions for summary judgment. (justia.com)
  • 46, 48).1 For the reasons stated below, the Court denies the motions for summary judgment. (justia.com)
  • citizens
  • Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next. (wikipedia.org)
  • violation
  • I. Background Castillo pled guilty to a single-count indictment charging him as an alien unlawfully found in the United States follow- ing deportation, in violation of 8 U.S.C. S 1326. (ilw.com)
  • proposition
  • Lord Chief Justice Holt could state this as an unquestioned proposition already in 1702, as he did in Ashby v. White, 6 Mod. (wikipedia.org)
  • pursuant
  • II REPORT A. Relevant Procedural History Plaintiff, a state prisoner1, brought this civil rights action pursuant to 42 U.S.C. 1983. (justia.com)
  • Pending is a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure filed by United National. (justia.com)
  • certain
  • Bankruptcy law provides that individual debtors may keep certain exempt assets, such as a home, a car, and common household goods, thus maintaining a basic standard of living while working to repay creditors. (encyclopedia.com)
  • claim
  • American Safety does not allege either Fairfield or GE has submitted a claim to United National or Indian Harbor for the losses in question. (justia.com)
  • individuals
  • Washington state law has long distinguished between individuals who are criminally convicted and those found not guilty by reason of insanity (NGRI). (jaapl.org)
  • Central to the discussion is the distinction between mental health treatment afforded individuals in the state hospitals compared with that available in the prison system. (jaapl.org)
  • found
  • A recently enacted law authorizes the transfer of persons found not guilty by reason of insanity from state psychiatric hospitals to prison facilities. (jaapl.org)
  • crime
  • The state crime, unlike S 922(g), does not include any interstate or foreign commerce element. (ilw.com)
  • District
  • Opinion by Judge Tashima _________________________________________________________________ *The Honorable Thomas S. Zilly, United States District Judge for the Western District of Washington, sitting by designation. (ilw.com)
  • north
  • In earlier documents, including the 1778 Treaty of Alliance with France, the Articles of Confederation, and the 1783 Treaty of Paris recognizing American independence, the word "people" was not used, and the phrase the United States was followed immediately by a listing of the states, from north to south. (wikipedia.org)
  • Washington
  • In Washington state, public concern about the potential dangerousness of mentally ill offenders has led to increasing legislative efforts to contain them in secure settings. (jaapl.org)
  • The procedural framework in Washington is illustrative of the consequences of the insanity defense in other states. (jaapl.org)
  • otherwise
  • Such regulations are law, binding on the contract parties" when otherwise applicable to the contract, Dravo Corp. v. United States, 480 F.2d 1331, 1333 (Ct. (wifcon.com)
  • policy
  • In addition to its policy with American Safety, Fairfield obtained insurance policies from United National and Indian River. (justia.com)