Petitioner's trial counsel advised him to 1 reject the offer, stating he could secure more favorable terms that involved a higher fine and probation but no incarceration. (justia.com)
Factual and Procedural Background ¶2 We view the evidence in the light most favorable to affirming the conviction. (justia.com)
20011
Petitioner, through counsel, challenges his 2001 assault convictions in the Circuit Court of Clay County, Alabama. (justia.com)
Constitution9
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. (wikipedia.org)
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. (wikipedia.org)
In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. (wikipedia.org)
Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. (wikipedia.org)
Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. (wikipedia.org)
The United States Congress enacts federal statutes in accordance with the Constitution. (wikipedia.org)
The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal regulations. (wikipedia.org)
In State v. Williams-Walker, 167 Wn.2d 889, 899-900, 225 P.3d 913 (2010), this court held that article I, sections 21 and 22 of the Washington State Constitution prohibit a sentencing court from imposing a firearm enhancement based on a deadly weapon special verdict finding. (findlaw.com)
Our cases considered the import of two earlier United States Supreme Court decisions interpreting the Sixth Amendment right to a jury trial under the United States Constitution. (findlaw.com)
Validity1
Defendant, Samuel Gallegos, appeals the denial of his Crim.P. 35(c) motion challenging the validity of his conviction for attempted theft. (justia.com)
America1
At both the federal and state levels, with the exception of the legal system of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War. (wikipedia.org)
Appellee1
The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel GALLEGOS, a/k/a Felix Vialpando, a/k/a Daniel Gallegos, Defendant-Appellant. (justia.com)
Affirm1
Following Milavetz , and for the reasons stated in this opinion, we affirm that part of the judgment ordering dismissal and vacate that part of the judgment ordering declaratory relief. (casetext.com)
Statutes4
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)
This article explains why the restrictions are unconstitutional under the Commerce Clause and bad for consumers and the environment, and why other states should follow the lead of Vermont and Wisconsin and modify their statutes to permit power from large hydroelectric projects to be treated as a renewable resource under their RPS laws. (harvard.edu)
Unconstitutional2
On the merits, the court ruled against the United States, finding §3 unconstitutional and ordering the Treasury to refund Windsor's tax with interest. (articolo29.it)
and debtor Anita Johnson, sued defendants, the United States, the Attorney General of the United States, and United States Trustee Diana G. Adams, in the United States District Court for the District of Connecticut (Christopher F. Droney, Judge ) for a judgment declaring unconstitutional various provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 (2005) ("BAPCPA"), and enjoining their enforcement. (casetext.com)
Supreme Court2
4- The Alabama Supreme Court denied certiorari, and Petitioner did not seek certiorari from the United States Supreme Court. (justia.com)
In those decisions, the Supreme Court held "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. (findlaw.com)
Second Circuit1
United States Court of Appeals, Second Circuit. (findlaw.com)
Petitioner3
During a pretrial hearing, Petitioner alleges the trial judge stated that, if found guilty on both counts, he would receive a life sentence for first-degree assault and thirty-five (Id. (justia.com)
Petitioner alleges his trial counsel stated the judge was trying to intimidate him into accepting the plea deal. (justia.com)
The trial court granted an Petitioner-through the sufficiency of appellate evidence at The Alabama Court of Criminal Appeals affirmed both convictions on May 21, 2004. (justia.com)
Statute1
4 The due process right to a jury composed of unbiased, impartial jurors is protected by the United States and Arizona constitutions, as well as by Arizona statute and procedural rule. (justia.com)
Jury2
On appeal, Jimenez maintains that Juror 8's training and experience rendered him "clearly biased," as 2 STATE v. JIMENEZ Opinion of the Court evidenced by his responses to questioning during jury selection. (justia.com)
see also Morgan v. Illinois, 504 U.S. 719, 726 (1992) (guarantee of trial by impartial jury guaranteed independently by Sixth Amendment and by Fourteenth Amendment's due process clause). (justia.com)
Appeals4
E C K E R S T R O M, Judge: ¶1 Defendant Jose Jimenez appeals from his conviction and sentence for continuous sexual abuse of a minor. (justia.com)
His direct appeals and habeas petitions in the Arizona state courts were unsuccessful, and his first three federal habeas petitions were denied on the ground that he had not exhausted his state remedies. (justia.com)
On Monday, the United States Senate confirmed President Biden's nominee, Judge Ana de Alba, to the Ninth Circuit Court of Appeals seat left open when Judge Paul Watford resigned in May 2023. (typepad.com)
Regarding Oklahoma's income tax, the Court of Appeals declared that the State may not tax the wages of members of the Chickasaw Nation who work for the Tribe, including members who reside in Oklahoma outside Indian country. (famguardian.org)
Defendant4
At that time, defendant was on parole from the Department of Corrections on a prior conviction. (justia.com)
Because violating any state law constituted a violation of defendant's parole, a parole revocation hearing was held, after which defendant's parole was revoked for a period of two years and defendant was returned to the Department of Corrections. (justia.com)
Defendant then filed a Crim.P. 35(c) motion challenging his guilty plea as a violation of his protections against double jeopardy as established by the Fifth Amendment and Colo. Const. (justia.com)
As a case of first impression in this state, we are asked by the defendant to hold that the doctrine of double jeopardy is implicated when an individual admitted to parole has that parole status revoked because of behavior which constitutes criminal conduct and is, thereafter, prosecuted for the same conduct that constituted a violation of a condition of parole. (justia.com)
Laws6
This Article focuses on two normalized practices that violate federal and state anti-discrimination laws yet have been undertheorized in the public accommodations context: dress codes and gender-based pricing in bars, restaurants, and nightclubs. (virginialawreview.org)
[3] But some state RPS laws also contain negative provisions, excluding from eligibility what otherwise would surely be considered renewable resources. (harvard.edu)
The impact of the Commerce Clause on state laws affecting foreign commerce, in fact, is somewhat broader than in the case of state laws affecting interstate commerce. (harvard.edu)
Numerous articles in recent years have discussed how various state RPS laws discriminate against interstate commerce in violation of the Commerce Clause. (harvard.edu)
[15] Many of these same state laws include provisions declaring that large-scale hydroelectric facilities, both new and existing, are not to be considered renewable resources. (harvard.edu)
This Article provides the first detailed description and critique of the varying state laws governing family-court prosecutors. (uchicago.edu)
Attorney1
Mark B. Stern (Tony West, Assistant Attorney General, Mark R. Freeman, Attorney, Civil Division, United States Department of Justice, on the brief), on behalf of Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, for Defendants-Appellees-Cross-Appellants. (casetext.com)
Court6
Here, the United States retains a stake sufficient to support Article III jurisdiction on appeal and in this Court. (articolo29.it)
He also maintains the court committed reversible error when it precluded a defense expert from testifying as to Jimenez's sexual normalcy unless he also submitted to a psychosexual evaluation by a state expert, thereby forcing Jimenez to choose between presenting a complete defense or giving up his constitutional privilege against self-incrimination. (justia.com)
This Court's cases have never suggested that a prisoner whose habeas petition was dismissed for failure to exhaust state remedies, and who then did exhaust those remedies and returned to federal court, was by such action filing a successive petition. (justia.com)
Appeal from the United States District Court for the District of Connecticut, Christopher F. Droney, J. (casetext.com)
District Judge John Gleeson of the United States District Court for the Eastern District of New York, sitting by designation. (casetext.com)
In family court, the state should file and prosecute a case only when both (1) the facts necessary to support family-court jurisdiction exist (that a child has committed a delinquent act or that a parent or custodian has abused or neglected a child) and (2) family-court jurisdiction-rather than a less coercive intervention-is necessary to achieve the protective or rehabilitative goals. (uchicago.edu)
Adams1
The third is United States v. Adams , __ M.J. ___, No. 200600767, 2006 CCA LEXIS 332 (N-M. Ct. (blogspot.com)
Courts5
Subsequently, Arizona obtained a warrant for respondent's execution, and the state courts found him fit to be executed. (justia.com)
[7] The courts have found this power to be exclusive and, by negative implication, to bar states from unduly burdening or discriminating against interstate and foreign commerce. (harvard.edu)
[8] Perhaps because the temptation of legislators to protect local businesses is so strong, cases under which the federal courts have struck down state legislation invoking this implicit, or "dormant," Commerce Clause restriction are "legion. (harvard.edu)
Less attention has been focused on related issues in juvenile delinquency and child protection cases litigated in state family courts. (uchicago.edu)
Besides Canada, freemen on the land's pseudolegal claims have been argued in the courts of Australia , the United Kingdom , New Zealand and Ireland but have always been rejected. (cloudfront.net)
Case2
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). (wikipedia.org)
So, the presumption of domicile in the statutory geographical 'United States' was established in that case MERELY by calling himself a 'U.S. citizen' on the 1040 return he filed the year that was the subject of that case! (famguardian.org)
Provisions1
The BAPCPA provisions here at issue, codified at 11 U.S.C. §§ 526 - 528, govern the conduct of "debt relief agencies," defined at 11 U.S.C. § 101 (12A) as "any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer. (casetext.com)
WINDSOR1
The State of New York recognizes the marriage of New York residentsEdith Windsor and Thea Spyer, who wed in Ontario, Canada, in2007. (articolo29.it)
Congress2
In 2005, Congress enacted BAPCPA, intended as a comprehensive reform measure to curb abuses and improve fairness in the federal bankruptcy system. (casetext.com)
Cook's argument against that failed, as it had been already decided in previous cases that WHERE CONGRESS has POWER TO TAX, it is not limited to the territory of the United States. (famguardian.org)
Judgment1
The United States has not complied with the judgment. (articolo29.it)
Cases2
Our holding in Eastmond adhered to the longstanding principle that "[a] new rule for the conduct of criminal prosecutions is to be applied ․ to all cases, state or federal, pending on direct review or not yet final. (findlaw.com)
Although most of these cases have involved legislation that disadvantages out-of-state interests, the Clause also serves to prevent states from erecting barriers to foreign commerce. (harvard.edu)
Counts1
[2] Most states affirmatively describe what counts as renewable resources-wind, geothermal, and solar energy are commonly referenced in RPS legislation. (harvard.edu)
Rule1
The plain meaning rule asks both sides to surrender the courage of their convictions. (uchicago.edu)
Fact1
The obvious answer to this question-yes-is obscured by the fact that Wences's sentence was imposed for a conviction dating back to 2005. (findlaw.com)
Department1
14 Dragovich v. United States Department of the Treasury, No. 10-01564 (CW), 2011 WL 175502 (N.D. Cal. (justia.com)
Citizens2
Thus 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)
With the advent of the Internet and continuing during the 21st century, people throughout the English-speaking world who share the core beliefs of these movements (which may be loosely defined as 'see[ing] the state as a corporation with no authority over free citizens') have been able to connect and share their beliefs. (cloudfront.net)
Search1
Following a search of Wences's car in 2003, the State charged him with possession of a controlled substance (methamphetamine) with intent to manufacture or deliver. (findlaw.com)
Substance1
The actual substance of English law was formally "received" into the United States in several ways. (wikipedia.org)
Indian1
Power to regulate foreign commerce ," after all, "is given in the same words, and in the same breath, as it were, with that over the commerce of the States and with the Indian tribes. (harvard.edu)
Legal1
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. (wikipedia.org)
Person1
Furthermore, a parolee is considered to be under a restraint imposed by law and not a free person, but rather, is a constructive prisoner of the state and under control of the appropriate state officials. (justia.com)
Similar1
Statutory developments-mostly notably Title II of the Civil Rights Act of 1964 and similar state analogs-helped cabin racial and gender discrimination in public accommodations. (virginialawreview.org)
Trial1
At trial, the state presented evidence that, repeatedly over the course of about eighteen months, Jimenez had sexually abused his niece, P.B., who was nine years old when the abuse began. (justia.com)
Article1
Windsor's ongoing claim for funds that the United States refuses to paythus establishes a controversy sufficient for Article III jurisdiction. (articolo29.it)