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1000 OPINION/ORDER
Is constitutional as enacted by the Florida legislature and as subsequently enforced. Florida courts have defined the term
947 OPINION/ORDER
We are required to accept the facts alleged in the complaint as true and view them in the light most favorable to the plaintiff. They are currently raising two children: one child is the couple's biological daughter. The other child is an adopted son. The Behrenses are unable to have 2 any more biological children. While Behrens was carrying his adopted son. Who was nine months old at the time. The DCF was notified of possible child abuse. Civil dependency and criminal investigations were initiated. The criminal investigation was closed because the alleged abuse was determined to be unfounded and/or accidental. Finding that child abuse was not shown by a preponderance of the evidence.1 Despite the closure of the criminal investigation and the circuit court's finding. Florida courts have explained that
918 OPINION/ORDER
BY THE COURT: The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35. The Petition for Rehearing En Banc is DENIED. /s/ J L EDMONDSON Chief Judge 2 BIRCH. Specially Concurring in the Denial of Rehearing En Banc: The dissents to the denial of rehearing en banc both agree that the Equal Protection Clause challenge to the Florida statute at issue should have been embraced by our court. 4 the vociferous dissent by my sister jurist (for whom I have great respect and affection). The Florida adoption statute at issue is constitutionally flawed. The Lofton panel's analysis and approach in this case was premised on a fundamental principal or philosophy. When he observed: Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. ... Their essential quality is detachment. History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political.
907 OPINION/ORDER
Sued in his official capacity as the Commissioner of Health (hereinafter referred to as
775 MORROW V. WINSLOW

Morrow claimed there was subject matter jurisdiction below pursuant to 28 U.S.C. 1331 and 1343(a)(3). (ICWA).(1) I .....Plaintiff Appellant Morrow is an
773 OPINION/ORDER
Circuit Judge: Mary Doe1 challenges the State of California's jurisdiction Pseudonyms are used to identify the mother. Who was domiciled on the Elem Indian Colony reservation at the time she was removed from Mary Doe's custody by the Lake County Department of Social Services. Which was passed in 1978 to ensure the tribes a role in adjudicating child custody proceedings involving Indian children. Codified at 25 U.S.C. §§ 1901 1963.2 ICWA provides that tribes will have exclusive jurisdiction over child custody proceedings involving Indian children domiciled or residing on the reservation
725 OPINION/ORDER
We have jurisdiction under 8 U.S.C. § 1252 and deny Moreno's petition.1 The government contends Moreno did not exhaust his statutory argument that his grandchildren meet 8 U.S.C. § 1101(b)(1)(F)(i)'s definition of
678 HARRIS V. JAMES

This document was created from RTF source by rtftohtml version 2.7.5 > Harris v. Alleging that Alabama's Medicaid plan was not in compliance with a federal regulation requiring State Medicaid plans to ensure necessary transportation for recipients to and from providers. Because the State does not challenge the district court's conclusion that the plan was not in compliance with the regulation. We wrote:<p> Medicaid is a cooperative venture of the state and federal governments. A state which chooses to participate in Medicaid submits a state plan for the funding of medical services for the needy which is approved by the federal government. <p> <p> (a) Specify that the Medicaid agency will ensure necessary transportation for recipients to and from providers. And<p> <p> (b) Describe the methods that the agency will use to meet this requirement.<p> <p> 42 C.F.R. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov97/95-6861.opa.html">HARRIS V. JAMES<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Harris v. Alleging that Alabama's Medicaid plan was not in compliance with a federal regulation requiring State Medicaid plans to ensure necessary transportation for recipients to and from providers. Because the State does not challenge the district court's conclusion that the plan was not in compliance with the regulation. We wrote:<p> Medicaid is a cooperative venture of the state and federal governments. A state which chooses to participate in Medicaid submits a state plan for the funding of medical services for the needy which is approved by the federal government. <p> <p> (a) Specify that the Medicaid agency will ensure necessary transportation for recipients to and from providers. And<p> <p> (b) Describe the methods that the agency will use to meet this requirement.<p> <p> 42 C.F.R. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="627"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-4156.htm">01-4156 -- JOHNSON V. RODRIGUES (OROZCO) -- 06/18/2002<BR></A><BR> He also asserted various state law claims. <p> He sought a judgment declaring that the Utah state courts </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="622"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1997/96a1487p.txt">OPINION/ORDER</A><BR> Circuit Judge: Three appeals presenting the same critical issue are before us. Will be stated separately. The target of the grand jury proceeding was the son of the subpoenaed witness. The son became the target of a government investigation as a result of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="606"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814A.P.pdf">OPINION/ORDER</A><BR> It is an authority constrained by no less a power than that of the People themselves. The constitution is written. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="601"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/977A3690A89BE17D8825722D007DA4DA/$file/0415788.pdf?openelement">OPINION/ORDER</A><BR> Challenge the United States Department of Agriculture's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="593"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389A.P.pdf">OPINION/ORDER</A><BR> OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="591"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/032784P.pdf">OPINION/ORDER</A><BR> The district court concluded that Destiny was entitled to child's insurance benefits but rejected the claim that the Social Security Act unconstitutionally discriminates on the basis of gender. Under the Social Security Act each dependent child of a deceased person is entitled to monthly payments equal to three fourths of the deceased's primary social security insurance benefit. 42 U.S.C. § 402(d)(2). A child is deemed dependent on a natural or adoptive parent with whom she lives or from whom she received half of her support during the last twelve months of the parent's life. 42 U.S.C. § 402(d)(3). A child is deemed dependent on a stepparent only if she was receiving at least one half support from the deceased stepparent during the last twelve months of her life. 42 U.S.C. § 402(d)(4). Each brought a daughter into the marriage: Destiny Reutter who was born in 1990 and Jae Carlson who was born in 1996. Carlson was an agronomist who had worked full time in 1997 when she earned $18. Reutter requested a hearing before an ALJ where he argued that Destiny had been dependent on Carlson for more than one half of her support and was therefore a dependent child within the meaning of 42 U.S.C. § 402(d)(4). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="591"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/00-2136.htm">00-2136 -- JOSEPH A. V. INGRAM -- 01/07/2002<BR></A><BR> <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="588"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3318.PDF">OPINION/ORDER</A><BR> This suit is about a foster care placement. The plaintiffs are five of six siblings who were placed with the family. They have sued several officials of the Wisconsin Department of Health and Social Services (DHSS) in their individual capacities under 42 U.S.C. § 1983. Holding that the plaintiffs could not show that the state 2 No. 01 3318 knew or suspected that the foster parents were probable child abusers. That such a showing was necessary for liability. While we are sympathetic to the unfortunate history of these individuals. Were minors at the time of the relevant events. Defendant Eloise Anderson was the Administrator of the Division of Community Services at DHSS. Defendants Sandra Stolle and April Lancour were social workers for DHSS. They were supervised by defendant Shirley Bohle. Derwin and Rebecca Lewis were the heads of a family that included one biological child and one foster child. The Lewises were considering adopting more children. Which was completed in 1989. As the children were Native Americans. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8DD653864B22C2868825707A007E63A7/$file/0335950.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Plaintiffs are parents of adopted children with special needs1 Children with special needs include. Is a member of a sibling group which will be placed together and is difficult to place because there are three or more children. Is a member of an ethnic/racial/cultural minority. Or is eight years of age or older. R. 413 130 0020. 2 Oregon's Adoption Assistance Program is codified at Or. The federal statute provides that each grant recipient is entitled to a fair hearing before the applicable state agency to challenge any claim for benefits that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/08/00-2136.htm">00-2136 -- JOSEPH V. INGRAM -- 08/22/2001<BR></A><BR> Stable families. <p> Three years after the suit was filed and certified as a class action. The first decree was vacated and replaced with a second decree in September 1998. The Department countered with a motion to dismiss on the grounds that the suit is barred by New Mexico's sovereign immunity and that the district court should abstain from hearing the case pursuant to <u>Younger v. The Department cross appeals the district court's rejection of its Eleventh Amendment argument.<strong></strong> <p> <strong> </strong>We conclude that Appellants' claims under the Social Security Act are barred by the Eleventh Amendment. Appellants' constitutional claims are barred by the <u>Younger</u> . The background to this appeal is relatively straightforward. The district court approved the settlement and entered a consent decree ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="577"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2272.01A">OPINION/ORDER</A><BR> Was on the brief for appellants District Attorney's Office and Michael N. P.C.</SPAN> were on the brief for appellant Carl Borgioli.</P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="575"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/June1994/94a0734p.txt">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/032801p.pdf">OPINION/ORDER</A><BR> Was one of ten beneficiaries of a trust created by her uncle. The other beneficiaries sought declaratory relief in the United States District Court for the District of New Jersey to have the New Jersey adult adoption statute declared invalid and Maria's adoption proceedings declared null and void. I. Plaintiffs/Appellants are surviving beneficiaries of a revocable trust (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="567"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/95-8151.man.html">CESNIK V. EDGEWOOD BAPTIST CHURCH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Cesnik v. The adopting parents contend that the adoption agency deliberately misrepresented that the infants were healthy when. They were severely mentally and physically disabled. We are able to say with confidence that the district court was correct in relying on the statute of limitations to bar the claims. All that we can say is that. Our review of these claims is limited because the appellants have presented us with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="567"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/95-8151.man.html">CESNIK V. EDGEWOOD BAPTIST CHURCH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Cesnik v. The adopting parents contend that the adoption agency deliberately misrepresented that the infants were healthy when. They were severely mentally and physically disabled. We are able to say with confidence that the district court was correct in relying on the statute of limitations to bar the claims. All that we can say is that. Our review of these claims is limited because the appellants have presented us with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="546"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2286.wpd">OPINION/ORDER</A><BR> This case is not much about grace. It is about Grace. Grace was abandoned soon after birth to the custody of the New Mexico Children. The basis of the foster family's objection was that they thought Bogey was actually a man pretending to be a woman because of Bogey's extensive facial hair. Responsibility for her case bounced around from one over worked social worker to another and concerns about her situation were investigated by an uninquisitive investigator. Grace's situation quickly turned from muddled to tragic: she died four weeks after the adoption was finalized. Apparently as the result of being beaten to death. <hr> This case is legally about the claimed failures of the Children. Particularly during the period between placement for adoption and the time adoption decree was entered. The argument is that. The adoption would not have been permitted and Grace would not have been placed in mortal danger. His state tort claims were dismissed as a matter of law. His 1983 claims against several Department employees were dismissed on summary judgment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="543"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/021788np.pdf">OPINION/ORDER</A><BR> Based on a determination that the debt owed to Walker by the Debtors was non dischargeable in bankruptcy. We will affirm the District Court's decision for the reasons stated below. The guardian ad litem.1 The total guardian ad litem fee was $20. Of which the Debtors were ordered to pay $16. 000 and the natural parents were 2 1 On March 13. Arguing that the guardian ad litem fee owed by the Debtors was not dischargeable in bankruptcy. Ruling that the guardian ad litem fee was non dischargeable under 11 U.S.C. § 523(a)(5). While the Debtors' appeal to this Court was pending. We have jurisdiction over this appeal under 28 U.S.C. § 158(d). Whether the guardian ad litem fee is dischargeable under § 523(a)(5) is a question of federal law. Discussion The sole issue here is whether a guardian ad litem fee in a contested adoption proceeding is non dischargeable in bankruptcy under § 523(a)(5) of the Bankruptcy Code. We conclude that the guardian ad litem fee at issue here is non dischargeable under § 523(a)(5). Although the guardian ad litem services were rendered before the Debtors became Ashley's adoptive parents (though while they had court ordered custody of her). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="543"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/08/953148P.pdf">OPINION/ORDER</A><BR> Are rescinded. The attached revised opinion will replace the opinion filed August 15. Before this court are two consolidated appeals and a crossappeal. Stover was sentenced to twenty four months imprisonment. CR 3 94 98(1) Chandi was sentenced to (D. Defendants argue that the district court 2 clearly erred in finding that they knowingly targeted unusually vulnerable victims for purposes of imposing a two level sentencing 3 enhancement pursuant to U.S.S.G. § 3A1.1 (Nov. 1994).1 Chandi separately argues that the district court clearly erred in finding that she was accountable for losses in excess of $500. Argues that the district court abused restitution is owed and in ordering Stover to pay only $40. Minnesota.2 FFC was licensed by the Minnesota Department of Human Services as a nonprofit corporation in 1990 and registered with the Minnesota Attorney General as a charity in 1992. countries. There is some disagreement over whether Chandi participated in founding FFC. FFC would seek out pregnant women who were willing to give up their babies for adoption (referred to as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="540"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992349.P.pdf">OPINION/ORDER</A><BR> 000 was entered against only one of the defendants Jill Mullineaux. Mullineaux contends that she was entitled to qualified immunity. We conclude that Mullineaux was not entitled to qualified immunity. We find that the award of damages was excessive. Knussman learned that his wife Kimberly was pregnant. Kim's pregnancy was difficult and ultimately resulted in her confinement to bed rest in the latter stages prior to delivery. Knussman was informed by the MSP Director of Flight Operations. That there was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="535"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ2MTEtYWdfb3BuLnBkZg==/02-4611-ag_opn.pdf">OPINION/ORDER</A><BR> The petition for review of Zhen Hua Dong is DENIED. Xian Zou's and Shi Liang Lin's petitions are DISMISSED for lack of jurisdiction. . . . we held that a husband whose wife was forcibly sterilized could establish past persecution under this amendment to section 101(a)(42) of the [INA]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="535"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ2MTEtYWdfb3BuLnBkZg==/02-4611-ag_opn.pdf">OPINION/ORDER</A><BR> The petition for review of Zhen Hua Dong is DENIED. Xian Zou's and Shi Liang Lin's petitions are DISMISSED for lack of jurisdiction. . . . we held that a husband whose wife was forcibly sterilized could establish past persecution under this amendment to section 101(a)(42) of the [INA]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="527"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/09/03-2054.htm">03-2054 -- ROBERTS V. HARTZ -- 09/01/2004<BR></A><BR> The case is therefore ordered submitted without oral argument.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="525"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/10/022014P.pdf">OPINION/ORDER</A><BR> The defendants moved for summary judgment on the § 504 claim on the basis that they are immune from suit under the Eleventh Amendment of the United States Constitution. We will use their real names. Jay and GayLynn were married in 1989. She admitted that she was HIV positive. S.S. was removed from the home in early August 1993 and placed with his relatives. Noah was placed with another family on June 25. The Nebraska Court of Appeals reversed Since this lawsuit was commenced. NDSS is no longer in existence. Its functions are now included within the Nebraska Department of Health and Human Services. We will refer to this agency as NDSS. 33 the holding of the county court. Noah was returned to the Brummetts. Which was accompanied by a consent of the NDSS. The claims have since been limited to a suit for damages under § 504 by GayLynn's estate and Noah against the State of Nebraska. The defendants moved for summary judgment on the § 504 claim on the ground that they are immune from suit under the Eleventh Amendment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="514"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2415.01A">OPINION/ORDER</A><BR> <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B235B372AEA6EF188256CEE0080CC3B/$file/0150495.pdf?openelement">OPINION/ORDER</A><BR> McCoy challenges the section of the federal statute that prohibits the possession of child pornography made with materials that have traveled in interstate commerce. We hold that 18 U.S.C. § 2252(a)(4)(B) is unconstitutional as applied to simple intrastate possession of a visual depiction (or depictions) that has not been mailed. Or transported interstate and is not intended for interstate distribution. Were or are commercial producers of child pornography. At the time charges were filed against the McCoys. Kala were spending an evening at home. Her two older children were placed with foster care parents. Although only Kala was alleged to have played any role in the event that led to the arrest of her mother and stepfather. 1 UNITED STATES v. This pose was captured in one photograph. Rhonda was also charged with one count of manufacturing child pornography using materials transported in interstate commerce. 18 U.S.C. § 2251(a).3 Rhonda and Jonathan filed It is. District attorney declined to file charges). 3 Although § 2251 is generally referred to as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="509"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389.P.pdf">OPINION/ORDER</A><BR> As follows: On page 3 the list of amici curiae is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="506"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul1998/98a1899p.txt">OPINION/ORDER</A><BR> The issue on appeal is whether a board of education exceeded its authority by implementing a consensual program to distribute condoms in public schools in order to prevent disease. We will affirm. HIV infection are epidemic among school age youth . . . . Have an obligation to promote a healthy lifestyle for all adolescents. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="503"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1856.01A">OPINION/ORDER</A><BR> LLP</U> was on brief. Including questions about the extent to which the EEOC's informal interpretations of the borrowed definitions are binding in the FMLA context.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="501"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200415078.pdf">OPINION/ORDER</A><BR> We will refer to Walley as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="496"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/12/051184P.pdf">OPINION/ORDER</A><BR> Were expecting a baby girl. Johnson was told that he. To permit parents who have care giving responsibilities to have time off to spend with a child newly added to the family and. Non Organized Merit System Staff. (a) Biological mothers are entitled to leave for any period of pregnancy related temporary disability. If an employee's accumulated sick leave is insufficient to cover the period of disability. The employee will. Any request for absence beyond the period of disability is considered as a leave of absence without pay or as vacation. (b) A newly adoptive parent. Is entitled to one week (5 days) of paid adoption leave to be charged against accrued sick leave. Departments are encouraged to arrange for additional leave as necessary. To the extent the adoption leave is not sufficient to undertake an adoption. After being consistently told that biological fathers were not allowed to use accrued paid sick leave for absences following the birth of a child. He was subsequently certified to represent the class of similarly situated biological fathers employed by the University. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="493"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2000/991124.txt">OPINION/ORDER</A><BR> The specific question before us is whether the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="474"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5160.wpd">OPINION/ORDER</A><BR> Argue that Oklahoma's statutory scheme for specialty motor vehicle license plates is unconstitutional under the First and Fourteenth Amendments. The Motorists contend that Oklahoma's laws unlawfully discriminate against their views by permitting drivers to obtain license plates bearing the messages </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="467"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051698p1.pdf">OPINION/ORDER</A><BR> 2006 * This case was originally argued on October 25. The coram was reconstituted to include Chief Judge Scirica after the death of Judge Rosenn. An opinion by a majority of the original panel was filed. The bike was owned by Juan Navarro but had been commandeered by his sister. She was holding it. Navarro said: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="464"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA5NzEtY3Jfb3BuLnBkZg==/04-0971-cr_opn.pdf">OPINION/ORDER</A><BR> Defendant was sentenced to 262 months imprisonment for each count. Circuit Judge: Defendant Stefan Irving (defendant or appellant) was convicted. Only arose from defendant's trips to Mexico and Honduras. of the travel to Mexico and its purpose was strong. the proof of travel to Honduras was established. It is a well established principle that a conviction in criminal law must stand on firmer ground than an uncorroborated admission by defendant. Because proof of defendant's purpose for the trip on the charged offenses was insufficient. Facts Defendant is a former chief pediatrician for the Middletown. He was convicted of attempted sexual abuse in the first degree of a seven year old boy that resulted in the revocation of his license to practice medicine in New York. A guest house that served as a place where men from the United States could have sexual relations with Mexican boys. Seven or eight boys ranging in age from eight to 20 years old were residing there. This witness stated that he saw </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="461"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/10/053093P.pdf">OPINION/ORDER</A><BR> I. In 1993 South Dakota enacted a law providing that no abortion can be performed without the patient's voluntary and informed consent unless it is impossible to obtain such consent due to a medical emergency. The patient's consent will be informed only if certain information has been given to her at least 24 hours before an abortion procedure. The information required by the 1993 law includes the name of the physician who will perform the abortion. The probable gestational age of the embryo or fetus she is carrying. The patient must also have been told that medical assistance benefits may be available. All of whom were granted leave to intervene after this appeal was filed. 22 1 fetuses at various gestational ages. A provider's failure to comply with the state's informed consent requirements is a class 2 misdemeanor. In 2005 South Dakota enacted House Bill 1166 (the Act) which is the subject of this action. The disclosures required under the new law are contained in § 7 of the Act. The doctor's written statement provided 2 hours before an abortion must inform the patient: (b) That the abortion will terminate the life of a whole. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="461"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA5NzEtY3JfcmV2X29wbi5wZGY=/04-0971-cr_rev_opn.pdf">OPINION/ORDER</A><BR> Rehearing is granted. The majority opinion and the concurring and dissenting opinion are withdrawn. Defendant's convictions on counts two and three previously vacated are now affirmed in the revised opinion issued herewith. Defendant was sentenced to 262 months imprisonment for each count. That vacated two counts upon which defendant Stefan Irving was convicted. is granted. Irving's convictions on counts two and three previously vacated are now affirmed in the revised opinion that follows. We remand for consideration of whether resentencing is warranted under United States v. BACKGROUND Defendant is a former chief pediatrician for the Middletown. He was convicted of attempted sexual abuse in the first degree of a seven year old boy that resulted in the revocation of his license to practice medicine in New York. A guest house that served as a place 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 where men from the United States could have sexual relations with Mexican boys. Seven or eight boys ranging in age from eight to 20 years old were residing there. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="461"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1442.01A">OPINION/ORDER</A><BR> Was on brief. John exhibited serious behavioral and emotional problems stemming from past abuse problems that the appellant alleges were known to DCYF at the time of the placement. That chain was forged when the appellant left John with a friend for seven weeks to participate in the television show </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="459"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTkxOThfb3BuLnBkZg==/03-9198_opn.pdf">OPINION/ORDER</A><BR> To protect the collateral estoppel effect of a judgment of a District Court for the Western District of Pennsylvania. injunction bars the biological father of an adopted child The from relitigating the questions of whether his parental rights were validly terminated by a Texas state court decree and whether the adoption decree of the Texas state court should be set aside. Background Woosley is the biological father of Kyle Smith ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="453"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/07/02-1367.htm">02-1367 -- U.S. V. VIGIL -- 07/08/2003<BR></A><BR> Vigil was convicted of sexually penetrating his natural child over a period of slightly less than two years.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="453"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1137.01A">OPINION/ORDER</A><BR> Were on brief for appellants. Pine Tree Legal Assistance were on brief for appellees. Provides federal financial assistance to needy families with children who are deprived of parental support through death. States are not required to participate in the AFDC pro gram. 316 (1968). 1The nominal defendants are the Commissioner of the Maine Department of Human Services. Since the State of Maine is the real party in interest. States in turn were required to amend their Title IV A plan. Mined </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="451"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A3AC4A8F164DA30288256BBA0080B31D/$file/9935320.pdf?openelement">OPINION/ORDER</A><BR> FACE gives aggrieved persons a right of action against whoever by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="451"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0F569EF00290007188256BC0005876E6/$file/9935320ebcorrected.pdf?openelement">OPINION/ORDER</A><BR> C:\WINDOWS\Desktop\temp21\PlannedParenthoodLetter1.wpd
448 OPINION/ORDER
Are natives and citizens of Ethiopia who petition for review of a final order of the Board of Immigration Appeals (BIA) denying their application for asylum and withholding of removal. Petitioners argued that if the family were returned to Ethiopia. We conclude that the IJ's determination concerning Petitioners' FGM argument is not supported by substantial evidence. The record does not support the conclusion reached by the IJ and adopted by the BIA that the risk that Petitioners' daughter will be subjected to FGM is too small to establish a well founded fear of persecution. Both children are U.S. citizens. The office concluded that Petitioners were aliens who had overstayed their visas and referred them to an IJ for further proceedings. Arguing that if their family was required to return to Ethiopia. Female genital mutilation is extremely painful. We review the IJ's decision as if it were that of the BIA.
440 OPINION/ORDER
With him on the briefs were Kevin C. Was on the brief for amicus curiae District of Columbia Financial Responsibility & Management Assistance Authority. On the brief were Brendan V. The District of Columbia contends that the officers are enti tled to qualified immunity because. It was not clearly established prior to Eric Butera's death that the officers' conduct would violate these rights. The appeal presents two questions of first impression in this circuit: (1) whether the District of Columbia can be held constitutionally liable for failing to protect an individual who is not in custody from harm inflicted by a third party. Through which Eric Butera might have succeeded in proving a constitutional violation. Was not clearly established prior to his death. The officers were entitled to qualified immu nity. We also hold that there is no parental due process right to the company of an adult child who is independent. The officers were entitled to summary judgment on all claims brought under 42 U.S.C. s 1983.
440 OPINION/ORDER
With

him on the briefs were Kevin C. Was on the brief for

amicus curiae District of Columbia Financial Responsibility

&. On the brief

were Brendan V.

the District of Columbia contends that the officers are enti

tled to qualified immunity because. It was not

clearly established prior to Eric Butera's death that the

officers' conduct would violate these rights.

the appeal presents two questions of first impression in this

circuit: (1) whether the District of Columbia can be held

constitutionally liable for failing to protect an individual who

is not in custody from harm inflicted by a third party.

through which Eric Butera might have succeeded in proving a

constitutional violation. Was not clearly established prior to

his death. The officers were entitled to qualified immu

nity. We also hold that there is no parental due process right

to the company of an adult child who is independent.

435 OPINION/ORDER
Which is located in Fort Thomas. Seventh and eighth grades and is part of the Fort Thomas Public School District. The Council has responsibility for setting school policy that is consistent with the school board's policies and that is designed to
435 OPINION/ORDER
IV and announcing the judgment in part V: Petitioner appellant Jeffrey Clayton Kandies was sentenced to death after being found guilty by a North Carolina jury of the firstdegree rape and first degree murder of Natalie Lynn Osborne. We subsequently issued Kandies a certificate of appealability for his claims that (1) his trial counsel rendered ineffective assistance during the penalty phase by failing to investigate whether he was sexually abused as a child and (2) the North Carolina Supreme Court erred by concluding that the State's use of peremptory challenges to strike prospective African American jurors was not violative of the Supreme Court's holding in Batson v. Who is a Caucasian American. Who was his fiancee KANDIES v. Which is around the same time that Ms. Who noticed that Kandies's hand was beginning to swell. Suggested that Kandies have his hand examined by a medical technician that happened to be inside the store. Declined to have the medical technician examine his hand and immediately left the store.
432 OPINION/ORDER
Were on brief. Were on brief. The district court denied all of plaintiffs' claims save one: an award of nominal damages of $1.00 each to the two students who would have been assigned to the school of their choice under the old system but for their race. While high school assignments are made on a citywide basis. Boston is divided into three Attendance Zones the North. These zones were drawn by the district court as part of its desegregation orders. The lines largely hew to major transportation routes to keep traditional neighborhoods intact as much as possible.
424 OPINION/ORDER
Trustees of the Stock Trust Under Item Third of the Will of Rodman Wanamaker. We will affirm in part and reverse in part. Leaving a will and codicils[fn1] that established trusts for his children and their descendants. At issue in this case is a $120 million trust created in Paragraph Third of his will. The stock was sold for $60 million. After the stock was sold. Holding that Wanamaker had intended to provide spendthrift protection for his great grandchildren and Kellogg's interest in the trust was protected. We have jurisdiction under 28 U.S.C. § 1291 (1988). Our review of the district court's construction of Pennsylvania law is de novo. Will be reviewed de novo.
422 OPINION/ORDER
Asserting that they are entitled to the benefit of the state's Eleventh Amendment immunity.
419 OPINION/ORDER
Acting as de facto parents to grandchildren who are dependents of the juvenile court. Have a substantive due process right to family integrity and association with those grandchildren. Charles and Patricia Miller are grandparents of three young girls who had been removed from their natural parents because of neglect. Concluding that the Millers have no constitutional right to visit their grandchildren when the children are dependents of the juvenile court. As we have jurisdiction pursuant to 28 U.S.C. § 1291 and no other issue merits reversal. I The Millers' grandchildren were removed from their parThe complaint names the State of California as well as Yuba County CPS employees Mike Noda. We will refer to the Yuba County parties collectively as Yuba County. The three girls were declared dependents of the Yuba County Juvenile Court on June 21. Were placed with the Millers. The mother left California in November 1994 and reunification services for her were terminated June 22. A March 1996 petition for return of the children was denied.
416 OPINION/ORDER
Plaintiff Broadcast Music Inc. (
414 OPINION/ORDER
Whose interview with a detective was admitted as key evidence. The Court definitively held that
414 OPINION/ORDER
Is amended as follows: At 399 F.3d 1022. Substitute the following paragraph: The final question is whether admission of Autumn's statement
408 OPINION/ORDER
Angelone was on brief. Namely her Count II claim that the defendants' retaliation infringed on her First Amendment rights and her Count III claim that she was denied equal protection under the Fourteenth Amendment because other parents could access their children's records and teachers. The district court ruled that Weber's Count IV claim was barred because of her failure to exhaust administrative remedies specified by IDEA. IDEA requires such exhaustion prior to bringing a civil action pursuant to other federal laws protecting the rights of children with disabilities if the relief sought is available under subchapter II of IDEA. Such relief is sought through the administrative due process hearing provided in subchapter II of IDEA. See 20 U.S.C. § . Identified as a disabled child in need of special education services under IDEA.
408 STANBERRY V. SHERMAN

(5) incomplete discovery should have precluded summary judgment. Standard of Need The amount of AFDC benefits paid to a family is determined by two variables: (1) the standard of need. Which is an amount set by a state reflecting basic subsistence needs and which is considered a
408 OPINION/ORDER
The district court found that officials of the Florida Department of Health and Rehabilitative Services were failing to furnish Medicaid assistance with
408 02-4169 -- L.B. V. NEBO SCHOOL DISTRICT -- 08/11/2004

INTRODUCTION

Plaintiffs Appellants L.B. and J.B. are the parents of K.B. A child who was diagnosed with autism spectrum disorder in 1997. Which is required by the Individuals with Disabilities in Education Act (

403 OPINION/ORDER
GONZALES 15815 Cuevas Gaspar is removable. Cuevas Gaspar was convicted for being an accomplice to residential burglary under Washington law. Cuevas Gaspar asserts that the BIA erred in concluding that he was removable because his conviction constituted a crime of moral turpitude. That he have resided in the United States continuously for seven years
403 OPINION/ORDER
Although Li submits that he and his wife were threatened with sterilization. His more significant claim is one of economic persecution: he and his wife were subjected to a fine equivalent to twenty months' salary. Were effectively blacklisted from other government employment. Was deliberate retaliation for having had four children. The BIA assumed that Li was credible. While the contours of the doctrine are still developing. While the issue is close. This rigorous standard was met here. We will grant Li's petition for review and remand to the BIA for further proceedings on the credibility issue. I. FACTS AND PROCEDURAL HISTORY Li is a citizen of the People's Republic of China. He was employed as a mechanic in governmentowned factories since 1970. His wife was employed as a nurse. Their first child was born in 1984. China allowed couples to have two children. Forced his wife to have an IUD implanted. Li testified that the fine was equivalent to twenty months' salary. He submitted a receipt for 1200 yuan that indicated the fine was imposed for
398 OPINION/ORDER
Was operating a riding lawnmower in reverse and backed over Lamoni's foot. Five year old Lamoni was injured in an accident involving a riding lawnmower operated by Ken while Ken was mowing at a CPB owned facility. Lamoni's foot was partially amputated. Claiming (1) CPB was liable for Ken's negligence under the doctrine of respondeat superior. The district court denied CPB's motion for summary judgment on CPB's argument that the respondeat superior claim was barred by parental immunity. The letter explained what Lamoni would have to prove to prevail on his claims I. Instructed Lamoni and Ken that certain evidentiary matters were off limits to all witnesses. Arguing the verdict of
393 OPINION/ORDER
All six defendants were convicted by a jury in the United States District Court for the District of New Jersey of kidnapping and conspiracy to kidnap. Quinones were also convicted of conspiracy to distribute and possess cocaine. Moreno was convicted of using and carrying a firearm in relation to a crime of violence. We will discuss each of these challenges in turn. Focusing in more detail on Moreno's claim that venue in New Jersey was improper to try the 924(c)(1) count. We will conclude that venue was improper in New Jersey and. We will reverse Moreno's conviction under 4 18 U.S.C. 924(c)(1). We will affirm the defendants' convictions on all other counts. Lopez was arrested and the fourteen kilos of cocaine were seized. Montalvo told Avendano that the seizure of the fourteen kilos and the legal fees were
393 OPINION/ORDER
I. The Question Presented This is a direct criminal appeal by a convicted Tennessee state judge. Section 242 was adopted as a codification of prior law in 1874 during the period of Reconstruction in the aftermath of the Civil War. It criminalizes without any further definition the willful
393 OPINION/ORDER
All six

defendants were convicted by a jury in the United States

District Court for the District of New Jersey of kidnapping

and conspiracy to kidnap.

and Quinones were also convicted of conspiracy to

distribute and possess cocaine. Moreno was convicted of using and

carrying a firearm in relation to a crime of violence. We will discuss each of these

challenges in turn. Focusing in more detail on Moreno's

claim that venue in New Jersey was improper to try the

387 OPINION/ORDER
Was not credible. Was supported by substantial evidence. Because neither we nor the BIA have established standards by which to evaluate this determination. The petition for review is DENIED in part. Gonzales is automatically substituted for former Attorney General John Ashcroft as the respondent in this case. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 order of the BIA is VACATED in part. The case is REMANDED to the BIA for further proceedings. The IJ also concluded that petitioner's application was frivolous under Section 208(d) of the INA. Both of these determinations were affirmed. Petitioner submitted an I 589 application (
387 OPINION/ORDER
Jurisdiction is proper in this court based upon 28 U.S.C. § 1291. The terms
387 OPINION/ORDER
The policy was intended to encourage pregnant women whose urine tested positive for cocaine use to obtain substance abuse counseling. Ten women who were tested pursuant to the policy. The parties evidently agree that only injunctive relief is being sought against those individual Appellees who are state officers sued in their official capacities. Brown was concerned about a perceived rise in cocaine use among pregnant women and the consequences for the health of the users' children. A task force was formed that included Nurse Brown. The Solicitor informed the participants that because a viable fetus was a
372 OPINION/ORDER
I. James Stevens is currently serving a 200 year sentence of imprisonment with the Missouri Department of Corrections for a 1971 second degree murder conviction. Was born. Stevens continued to have custody of his young daughter. When he was returned to prison on a parole violation and subsequent conviction. Recited that
372 OPINION/ORDER
Were on brief.
366 OPINION/ORDER
Issue 3 In this case we are called upon to decide whether or not the official motto of the State of Ohio.
364 OPINION/ORDER
The purpose of the Act was to prohibit the practice colloquially referred to as partial birth abortion. A perinate is defined by the Act as
361 OPINION/ORDER
These consolidated interlocutory cross appeals before us pursuant to 28 U.S.C. § 1292(b) (1993) present an interesting and important question of maritime law: whether state wrongful death and survival statutes are displaced by a federal maritime rule of decision concerning the remedies available for the death of a recreational boater occurring within state territorial waters. [fn1] which are explicitly excluded from the reach of the Death on the High Seas Act. The remedies at issue are loss of society. Was killed in a boating accident in the waters off Puerto Rico. Fashioned a federal common law rule applicable to cases involving the death of a non seaman in territorial waters under which future earnings and punitive damages are not recoverable but damages for loss of society or support are. Each party sought certification to appeal the portion of the court's ruling that was unfavorable. Our analysis of the Supreme Court's maritime wrongful death jurisprudence reveals that there is no federal substantive policy with which state wrongful death or survival statutes conflict here.
350 OPINION/ORDER
The underlying administrative proceeding against the Carlisle Area School District was commenced by Scott P. We must address the parents' contention that the administrative and judicial proceedings were procedurally defective because of an alleged violation of IDEA's efficiency oriented finality requirements stemming from the district court's two remands to the appeals panel for clarification. We conclude that the appeals panel's review is plenary except that it is required to defer to the hearing officer's credibility determinations unless non testimonial. They are not required to prove the inappropriateness of any competing plans advocated by parents. The district court did not err in concluding that residential placement was not proper. We conclude that the award of compensatory education was improper here because there was no record evidence of any violation during the year purporting to serve as the basis for the award. Which other courts have required as a precondition to a compensatory education award.
350 96-6410 -- GAINES-TABB V. ICI EXPLOSIVES -- 11/09/1998

That defendants' conduct was the proximate cause of their injuries. They cannot state a claim for negligence per se under one of the state statutes at issue because ammonium nitrate is not an
350 96-6410A -- GAINES-TABB V. ICI EXPLOSIVES, USA, INC. -- 11/09/1998

That defendants' conduct was the proximate cause of their injuries. They cannot state a claim for negligence per se under one of the state statutes at issue because ammonium nitrate is not an
348 96-6354 -- SWANSON V. GUTHRIE INDEPENDENT SCHOOL DISTRICT NO. I-L -- 01/29/1998

Were on the briefs). The purpose behind the home schooling is religious
348 OPINION/ORDER
Patterson is a divorcee with two children from two prior marriages and a third child from an out of wedlock relationship. Patterson's base offense level was 20 and her criminal history category was III.1 At her original sentencing on January 23. Was thirty to thirty seven months. Testified
345 99-5087 -- RANSOM V. WAGONER COUNTY BOARD OF COUNTY COMMISSIONERS -- 03/21/2000

The case is therefore ordered submitted without oral argument.

Plaintiffs Lisa Ransom and her daughter Amber Ransom filed this action under 42 U.S.C.

337 OPINION/ORDER
We further conclude that NASD rules approved by the Securities and Exchange Commission have preemptive force over conflicting state law. Section 6 of the California Constitution requires the [California Judicial Council] to improve the administration of justice by . . . [a]dopting rules for court administration and rules of practice and procedure that are not inconsistent with statute . . . .
337 DOE V. CHILES (2/26/1998, NO. 96-5144)

The district court found that officials of the Florida Department of Health and Rehabilitative Services were failing to furnish Medicaid assistance with
337 OPINION/ORDER
He was sentenced in accordance with the United States Sentencing Guidelines to 188 months in prison followed by 60 months' supervised release. Hemsley contends that (1) the district court (1) This order and judgment is not binding precedent. We have jurisdiction under 18 U.S.C. 3742(a) to review Mr. Hemsley and various friends and family members were named in a six count indictment charging drug and firearm offences. Among the items found in the search were a fully operable clandestine methamphetamine laboratory in a bedroom closet. Who was present at the home. Was taken into protective custody by the Division of Child and Family Services after being examined by the Primary Children's Medical Center and medically cleared. His offense level under the Sentencing Guidelines was calculated as follows: Base Offense Level under U.S.S.G. 2D1.1(c)(2) 36 Enhancement for possession of a firearm under U.S.S.G. 2D1.1(b)(1) +2 Enhancement for creating a substantial risk of harm to the life of a minor under U.S.S.G. 2D1.1(b)(5)(C) (now U.S.S.G. 2D1.1(b)(6)(C)) +6 Enhancement for being the manager or supervisor of the criminal activity under U.S.S.G. 3B1.1(b). +3 Reduction for Acceptance of Responsibility under U.S.S.G. 3E1.1. 3 Reduction for successful post offense rehabilitation. 2 Reduction for providing material assistance to the government under U.S.S.G. 5K1.1. 7 Total Offense Level 35 The base offense level of 36 was calculated as follows: First.
337 OPINION/ORDER
Spears was arrested. The resulting advisory Guidelines sentencing range was 324 to 405 months' imprisonment. Sufficiency of the Evidence Spears first argues there is insufficient evidence to support his conviction. He asserts the witnesses' testimonies were
337 OPINION/ORDER
The district court found that officials of the Florida Department of Health and Rehabilitative Services were failing to furnish Medicaid assistance with
337 OPINION/ORDER
I. Background Plaintiffs are six former tenants of three substandard Single Resident Occupancy hotels (
337 DOE V. CHILES (2/26/1998, NO. 96-5144)

The district court found that officials of the Florida Department of Health and Rehabilitative Services were failing to furnish Medicaid assistance with
329 OPINION/ORDER
(2) his sentence is invalid under Blakely v. (2) that his sentence is invalid under Blakely v. Because sentencing enhancements were based on facts neither found by a jury nor admitted by Phillips.1 For the reasons that follow. They learned that the house was the home of a family that had befriended Phillips. The facts are drawn largely from the plea allocution and presentence report (
327 OPINION/ORDER
This case is being decided by a quorum due to the death of Judge Nelson on 17 May 2003. I. PROCEDURAL HISTORY This is the third appeal in this litigation. We concluded the Adult Ordinance and the Alcohol Ordinance were content neutral and subject to the intermediate level of scrutiny established by United States v. We also concluded that the Adult Ordinance was not unconstitutionally vague. Additionally provides in pertinent part: If the City Council has not approved or disapproved an application for a license within forty five (45) days from the date such application was received by the City Clerk. Then on the expiration of the forty fifth (45th) day: (1) the application shall be approved and the City Clerk shall immediately issue the license for which application was made. (2) the applicant shall have the right to begin operating in the manner allowed by the license for which application was made. The district court found Artistic was not entitled to damages for the period during which the City required it to refrain from offering alcoholic beverages in conjunction with nude dancing.4 Agreeing with Artistic that the entire Adult Ordinance was unenforceable.
321 OPINION/ORDER
Died before this opinion was filed. Whose first degree murder conviction and death sentence were affirmed by the Delaware Supreme Court. When Flamer's appeal was initially presented to this panel. He argued: (1) that his confession was obtained in violation of the Fifth and Sixth Amendments and therefore should have been suppressed. (2) that his trial counsel was constitutionally ineffective. (5) that the district court record should have been expanded to include the criminal record of Flamer's accomplice. The fourth of these arguments was similar to an argument that was raised in Bailey v. Which was heard by another panel of our court while Flamer's appeal was under consideration by this panel. Before a panel opinion was filed in either case. The panel that initially heard Flamer's appeal discusses and rejects all of Flamer's arguments other than the argument that was considered by the court in banc. The latter issue is addressed and rejected in a separate opinion that is being filed simultaneously on behalf of the in banc court.
313 OPINION/ORDER
Is amended as follows: Slip op. at 4301. Caption:
313 OPINION/ORDER
One component of a plan initially adopted in 1982 was called Transportation Control Measure 2. TCM 2 was designed to reduce air pollutants by increasing the use of public transit. MTC tions in emissions estimated to result from TCM 2 were predicated on a
313 OPINION/ORDER
313 OPINION/ORDER
313 OPINION/ORDER
Is hereby amended to replace the line TROTT.
311 OPINION/ORDER
P.S.C. were on brief. P.S.C. were on brief. That is not normally the stuff of lawsuits in federal court. Her injuries were more than trivial and led to surgery. The claims of Beatriz's family members were composed of emotional distress damages. Plaintiffs' choice of federal court was no doubt influenced by the fact that civil jury trials are unavailable in the local courts of Puerto Rico.

The case raises two issues. First is the classic question whether each of the plaintiffs meets the amount in controversy requirement for diversity jurisdiction. 28 U.S.C. § . Using an analytic approach that we have since rejected. Held that it was a legal certainty that none of the plaintiffs' claims was worth $75. We reverse and hold that it is not a legal certainty that she could not recover an award over $75. We uphold the district court's conclusion that none of Beatriz's family members satisfies the amount in controversy requirement.

The second question is whether Beatriz's family members may nonetheless remain as plaintiffs under the supplemental jurisdiction statute.

311 OPINION/ORDER
Were he not Romeo call'd.
303 01-1503 -- U.S. V. PATANE -- 09/17/2002

The district court based its suppression order on its conclusion that the evidence was insufficient to establish probable cause to arrest Patane. BACKGROUND

Patane was indicted for possession of a firearm by a convicted felon in violation of 18 U.S.C.

303 OPINION/ORDER
Rogers argued the cause for appellee The Inter American Development Bank.* On the brief were Alexander E. Is not immune from garnishment proceedings under that Act. Concluding that the employer was entitled to immunity under the Act. Appellant was awarded alimony of $1. Kestell was named as a defendant in appellant's complaint in the district court. Appellant was the largest unsecured him all of his assets except one: the future wages that would be owed to him by his employer. Were Kestell's employer a run of the mine private firm located in the District of Columbia. The Bank is not a run of the mine firm. It is an institution that has been designated by executive order for protection as an interna tional organization under the International Organizations Im munities Act (IOIA). The IOIA entitles designated entities to
303 OPINION/ORDER
Rogers argued the cause for appellee The Inter American Development Bank.* On the brief were Alexander E. Is not immune from garnishment proceedings under that Act. Concluding that the employer was entitled to immunity under the Act. Appellant was awarded alimony of $1. Kestell was named as a defendant in appellant's complaint in the district court. Appellant was the largest unsecured him all of his assets except one: the future wages that would be owed to him by his employer. Were Kestell's employer a run of the mine private firm located in the District of Columbia. The Bank is not a run of the mine firm. It is an institution that has been designated by executive order for protection as an interna tional organization under the International Organizations Im munities Act (IOIA). The IOIA entitles designated entities to
300 OPINION/ORDER
The issue before us in this appeal is whether Canon 5 of the Minnesota Code of Judicial Conduct. Were narrowly tailored to serve a compelling state interest in maintaining the independence and impartiality of Minnesota's judiciary. Were not impermissibly vague. I. The Minnesota Constitution provides that judges
300 OPINION/ORDER
Hutchinson was a member of the original panel which heard argument in this appeal on January 24. Before the appeal was resolved. Chief Judge Sloviter was designated to serve in his place on the reconstituted panel. ** Judge Sarokin heard argument but retired from office prior to the issuance of the opinion. It is clear that the language of Title VII is violated when an employer makes an employment decision based upon an employee's race. That Title VII's prohibition against racial discrimination is not violated by affirmative action plans which first.
295 DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)

Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has
295 OPINION/ORDER
€the€City€would€be€entitled€to€qualified€immunity€onĐ
295 OPINION/ORDER
Starr is to investigate and prosecute matters
295 DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)

Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has
290 OPINION/ORDER
Claiming that their son had been denied the free and appropriate public education to which he is entitled under the Individuals with Disabilities Education Act. It is likely that the District would have agreed to the same. . . . Present were both attorneys for the Parents and the attorney for the District. The mother was also present for most of the conference. 2005 offer of settlement which is Thus. Now therefore IT IS HEREBY ORDERED that for the reasons set forth in the record on February 23. This case is DISMISSED. Was attached to the Order. Which by that time were in excess of $36. Standard of Review The standard of review for actions under the IDEA is
290 OPINION/ORDER
For reasons we will explain. Akhtar's petition for review of the Board's initial order affirming the IJ's decision is DENIED. His petition for review of the Board's subsequent order denying his motion to reopen is GRANTED. BACKGROUND Akhtar is a twenty nine year old native and citizen of Pakistan. He and his family are
290 OPINION/ORDER
Was on brief. Were on brief. Our sister circuits that have addressed this question have rejected Barnes's reading of section 921(a)(33)(A). It is an issue of first impression for us. While section 921(a)(33)(A) is not a paradigm of precise draftsmanship. 1997 Barnes was charged in D.C. Is his son's mother. Barnes was sentenced to a prison term of 180 days. Execution of which was suspended on the condition of a one year period of probation. Believing that the car was stolen. The search revealed that he did not have a valid license. Barnes was charged with the unlawful and knowing receipt and posses sion of a firearm and ammunition in violation of 18 U.S.C. s 922(g)(9). Was
290 OPINION/ORDER
Was on brief.
290 OPINION/ORDER
We are compelled to agree with Alabama and must decline the ACLU's invitation. I. BACKGROUND Because the various user appellees and vendor appellees are all represented by the ACLU.
287 OPINION/ORDER
We will affirm. I. Nikitas Juvelis (Niki) is a profoundly retarded and physically handicapped 33 year old citizen of the United States.[fn1] Although Niki's parents are also United States citizens. They have lived in Venezuela since Niki's birth. When Niki was fifteen. Melmark's costs have gone up sharply. While Niki's parents have gotten older and their income has declined. The Juvelises anticipate that soon they will be unable to afford Niki's fees at Melmark.[fn2] Pennsylvania's Department of Public Welfare (DPW) provides benefits to retarded persons. The counties may not expend state funds to provide services for a person who is not a state resident. Niki was turned down for coverage because. He was not considered a bona fide resident[fn3] of Delaware County or of Pennsylvania. This residency determination was made on the basis of DPW policy. That policy is nowhere codified as a rule or regulation. Because Niki was a minor before placement. He was a resident of his parents' domicile. What he lacks is the mental capacity to form an intent to remain.
277 OPINION/ORDER
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277 DUREN V. HOPPER (11/20/1998, NO. 97-6650)

On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett.

At the sentencing. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren v. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense. Duren asserts that he was denied the effective assistance of counsel: (B) because he failed to present mitigating evidence of alcohol and drug abuse.

277 FLORIDA ASS'N OF REHABILITATION FACILITIES, INC. V. FLORIDA DEP'T OF HEALTH (9/1/2000, NO. 99-12507)

That in any event the relief ordered by the district court is barred by the Eleventh Amendment to the extent it effectively requires the State to pay money to redress pre judgment violations. We remand for determination of whether Plaintiffs' entitlement to prospective relief had become moot by the time of judgment.

277 OPINION/ORDER
POWELL Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: Glenn Dexter Powell was convicted by a jury of abducting his estranged wife. The denial of a motion for a continuance is reviewed for an abuse of discretion. The court found a continuance unnecessary since Powell was competent to stand trial. A person is competent to stand trial if (1) he can consult with his lawyer with a reasonable degree of rational understanding and (2) he has a rational as well as factual understanding of the proceedings against him. Because he had been diagnosed as depressed and because his medication had ceased after he was transferred from Butner. A continuance should have been granted. Presence of a disease or condition is not the test for competency. Powell's medical records do not reveal that he was. Because there is no indication in the record that Powell was incompetent to stand trial. The evidentiary rulings of a district court are given substantial deference. Powell argues that this evidence was irrelevant and prejudicial.
277 OPINION/ORDER
We are presented with constitutional and regulatory challenges to the Board of Immigration Appeals' (
277 OPINION/ORDER
Circuit Judge: At issue in this class action lawsuit is whether the City of Thomasville School District (
277 OPINION/ORDER
On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Testified that Bedsole was not immediately killed by the small caliber bullet which penetrated the base of her skull. She was rendered paralyzed from the neck down. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and Rule 20 has since been finalized as Rule 32 of the Alabama Rules of Criminal Procedure. 4 2 denied the ineffective assistance of counsel claim on the merits.
277 OPINION/ORDER
On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Testified that Bedsole was not immediately killed by the small caliber bullet which penetrated the base of her skull. She was rendered paralyzed from the neck down. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States 3 Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense.
277 OPINION/ORDER
Tony Buonocore (
277 OPINION/ORDER
Is corrected as follows: On page 21. P.A. were on brief. P.A. was on brief. Smith testified that she was considered to be a de facto manager who. Bond nonetheless honored Smith's request and assured her that her position was
277 01-8046 -- BROCKMAN V. WYOMING DEPT. OF FAMILY SERVICES -- 09/04/2003

Brockman alleges that she was targeted for unfair treatment by her supervisors. The onset of which was allegedly triggered by the hostility of her supervisors. Brockman received notice that DFS was retroactively designating the paid sick leave that she had taken between February 10 and 27. Brockman that she had used her entire 12 weeks of FMLA leave and would have to work another 12 month period beginning January 22. Brockman was suspended without pay for ten days for improper use of e mail. She was terminated on May 17. Brockman argues that it was
277 OPINION/ORDER
Enough is Enough. In which the Court held that our decision affirming the District Court's grant of a preliminary injunction against the enforcement of the Child Online Protection Act (
277 OPINION/ORDER
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277 DUREN V. HOPPER (11/20/1998, NO. 97-6650)

On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett.

At the sentencing. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren v. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense. Duren asserts that he was denied the effective assistance of counsel: (B) because he failed to present mitigating evidence of alcohol and drug abuse.

277 FLORIDA ASS'N OF REHABILITATION FACILITIES, INC. V. FLORIDA DEP'T OF HEALTH (9/1/2000, NO. 99-12507)

That in any event the relief ordered by the district court is barred by the Eleventh Amendment to the extent it effectively requires the State to pay money to redress pre judgment violations. We remand for determination of whether Plaintiffs' entitlement to prospective relief had become moot by the time of judgment.

277 OPINION/ORDER
Was abducted. The members of the community were unaware of the accused murderer's history. Forty nine states had adopted sex offender registration laws and thirty two states maintained some form of community notification program. 6 We have before us challenges to the constitutionality of the notification requirements of New Jersey's Megan's Law based on the Ex Post Facto. The issues before us are difficult but relatively narrow. We are not called upon to decide whether Megan's Law can constitutionally be applied to one who has committed one of the designated sex crimes after its enactment. Is it our responsibility to determine whether the policy judgments reflected in Megan's Law are prudent ones. Public reaction to Megan's murder was intense. The Law and Public Safety Committee held a hearing upon pending legislation that pre dated Megan's Law and would have required victim notification on the release of offenders. Registration and community notification bills identical to their General Assembly counterparts were introduced in the Senate on September 12.
277 OPINION/ORDER
Is amended as follows: 1. ASHCROFT 16579
261 OPINION/ORDER
Circuit Judge: Lawrence Antelope is a convicted sex offender who shows promise of rehabilitation. The terms of his supervised release offer him treatment but at a price he is not willing to pay. Because his claim is ripe for adjudication. Was an undercover law enforcement agent. Antelope pleaded guilty to possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and was initially sentenced to five years probation. Was told by the district judge that the
261 OPINION/ORDER
Alcala was sentenced to death following his conviction for first degree murder. He is currently in prison. Challenging the district court's conclusions that (1) Alcala's constitutional rights were not violated when the state trial court admitted Crappa's prior testimony. (5) these failures to investigate were not constitutional deficiencies that could be included in the cumulative error analysis. Alcala was convicted of first degree murder and sentenced to death. It is this trial that is at issue before us. He again was sentenced to death. They were at Huntington Beach at approximately 2:00 or 3:00 that afternoon when a man asked if he could take their pictures for a school contest. She testified that he was wearing a striped. That it was a long sleeved shirt. After Alcala was arrested. He testified that he was certain that the man had been wearing a blue Hawaiian shirt and had the impression that the man had on cut off shorts and sandals. Testified at trial that they were at Huntington Beach the day before Samsoe's disappearance.
261 ALLI COMMTY MEDIA V. FCC

261 OPINION/ORDER
The case is therefore ordered submitted without oral argument.
(INA). Who is a United States citizen. Would suffer
261 OPINION/ORDER
The question on this appeal is whether the Borough and Enterprise can be held liable under 42 U.S.C. § 1983. Basing the decision on its finding that Enterprise was not a state actor for section 1983 purposes. We conclude that the district court erred in holding that Enterprise is not a state actor. Will affirm the grant of summary judgment. Factual background and procedural history Enterprise is a private association of volunteers which has served the Borough of Hatboro since 1890.
261 OPINION/ORDER
We will affirm the orders of the District Court. The facts relevant to this appeal are as follows. The parties were married in 1981 and had a child in 1982. They were separated in 1992. Divorce proceedings were commenced in the Circuit Court of Greene County. Both parties appeared and were represented by counsel at the hearing. Which was adopted and issued as the final judgment on April 15. Which were bequeathed to Mr. Were non marital property belonging solely to Mr. The two parcels are located in Scranton at 2045 Edna Avenue and 1310 Amherst Avenue. The judgment was affirmed by the Missouri Court of Appeals on September 15. Whose judgment was entitled to full faith and credit. Kittle also appeals the District Court's denial of her motion to seal the record.1 We have jurisdiction under 28 U.S.C. § 1291 to review the District Court's grant of summary judgment. Viewing 3 1 Although her precise arguments are often difficult to discern from her brief. Kittle because the Missouri state court did not have jurisdiction to determine title to real property located in Pennsylvania.
261 OPINION/ORDER
He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. § 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools.
250 OPINION/ORDER
Circuit Judge: We write en banc to clarify that the acceptance of a criminal defendant's guilty plea is a judicial act distinct from the acceptance of the plea agreement itself. The conditions under which the plea may be withdrawn are governed exclusively by Rule 11 of the Federal Rules of Criminal Procedure.1 Where a district court accepts a plea of guilty pursuant to a plea agreement. The district court's choice to do so here was error. As is commonly the case. Although most changes were intended to be
250 ADLER V. DUVAL COUNTY SCH. BD. (3/15/2000, NO. 98-2709)

Circuit Judge:

At issue today is whether the Duval County. The total absence of state involvement in deciding whether there will be a graduation message. Who will speak. Is not state sponsored. Nor how autonomous the speaker may be in crafting her message.

I.

The facts of this case are straightforward. Other religious prayers or messages were traditionally offered. Student led prayer during the graduation ceremony so long as the administration and faculty were not involved in the decision making process. The memorandum was entitled

250 01-2303 -- U.S. V. LONJOSE -- 06/19/2002

The probation officer suggested that
250 OPINION/ORDER
Defendant Kenneth Barrett was convicted of using and carrying a firearm during and in relation to several drug trafficking crimes. Barrett was sentenced to life imprisonment without the possibility of release for the first two convictions. State law enforcement officials were aware of his presence and continued to investigate his activities. Received information from a confidential informant (CI) that Barrett was manufacturing and distributing methamphetamine at his residence. Johnson was aware that Barrett routinely carried firearms and had threatened to kill law enforcement officers if they
250 OPINION/ORDER
They alleged that they were subject to an unlawful seizure in violation of the Fourth Amendment to the Constitution of the United States. They also alleged that their rights to procedural and substantive due process under the Fourteenth Amendment were violated. The case subsequently was removed to the United States District Court for the Northern District of Indiana. Gleason was driving on the Indiana Toll Road with her fiancé. Belcher are African American. While the couple was driving along the Toll Road. Belcher why the minivan was stopped along the berm of the road. These claims are not before this court. 2 1 Ms. Belcher have since married. The van was impounded at that location. They were directed to the tow yard. McClanahan informed the couple that they were not allowed to leave the premises until either the towing and impoundment fees were paid or the title was signed over to Bill's Towing. McClanahan insisted that the couple was permitted to remove only court documents. McClanahan inquired as to whether the couple was going to pay the storage and towing fee.
250 OPINION/ORDER
This is a trade dress infringement action brought under section 43(a) of the Lanham Act. That Travis is liable for manufacturing the molds for Joy's planter. Because Duraco's claim is predicated upon infringement of the trade dress of the product itself. Constitute inherently distinctive trade dress thus serving as a designator of origin that will protect the plaintiff's product design features against copying. Insofar as it is not a symbol according to which one can relate the signifier (the trademark. Along with the degree to which the mark describes the product is unsuited for application to the product itself. We also think that there is a proper set of circumstances for treating a product configuration as inherently distinctive. These circumstances are characterized by a high probability that a product configuration serves a virtually exclusively identifying function for consumers where the concerns over
250 ADLER V. DUVAL COUNTY SCH. BD. (3/15/2000, NO. 98-2709)

Circuit Judge:

At issue today is whether the Duval County. The total absence of state involvement in deciding whether there will be a graduation message. Who will speak. Is not state sponsored. Nor how autonomous the speaker may be in crafting her message.

I.

The facts of this case are straightforward. Other religious prayers or messages were traditionally offered. Student led prayer during the graduation ceremony so long as the administration and faculty were not involved in the decision making process. The memorandum was entitled

250 OPINION/ORDER
Who are seniors and disabled individuals. We have jurisdiction under 28 1514 WATSON v. The district court is thus affirmed in part. The Medicaid Framework Medicaid is a cooperative Federal State program with the
250 OPINION/ORDER
Was struck and killed by a car traveling 40 miles per hour in a 25 mile per hour zone on the street in front of their house. Among the Garrison Avenue residents who complained to city officials about the speed limit was Kimberly Schroder. Schroder told the police that Garrison was being used as a
250 OPINION/ORDER
The judgment of the district court is affirmed. The Ordinance was next considered on May 28. The public hearing was adjourned.
242 OPINION/ORDER
Inmates in Ohio correctional facilities who were sentenced prior to Ohio's enactment of a revised sentencing system on July 1. Ohio inmates were given an indeterminate sentence comprised of a minimum and a maximum sentence. Parole decisions were delegated to the Ohio Adult Parole Authority (
240 01-2301 -- U.S. V. HAHN -- 03/04/2004

Hahn was convicted of marijuana and firearms violations and sentenced to forty years' imprisonment. We hold that we have subject matter jurisdiction to hear this appeal. Part III.C of the Per Curiam opinion is an opinion concurring in the result.

240 OPINION/ORDER
Is the proper respondent. Circuit Judge: Jose Flores Chavez was fifteen years old when the Immigration and Naturalization Service (
240 UNITED STATES V. RODRIGUEZ-MATOS (9/17/1999, NO. 98-4741)

District Judge:

Jose Antonio Rodriguez Matos (

240 OPINION/ORDER
He was taken into INS custody for possessing a false visa. He was killed in an exercise yard by another detainee. Was a gang member. He was subsequently convicted of voluntary manslaughter for Mr. Was not entitled to due process protection. 8 the Supreme Court held that federal courts have inherent authority to award damages to plaintiffs whose federal constitutional rights were violated by federal officials.9 Appellants raised three Bivens claims in their first amended complaint. One of which was raised in their proposed second amended complaint. 4 Zimmerman v. Are untimely. Are timely. The statute of limitations is one year.11 Tolling provisions for Bivens claims are also borrowed from the forum state.12 The applicable California tolling provision reads. Mentioned in Chapter 3 (commencing with Section 335)[13] is. The time of the disability is not part of the time limited for the commencement of the action.14 Pursuant to the above provision. The authorities cited by the defendants are not to the contrary.
240 OPINION/ORDER
They also assert that a related county ordinance is overbroad and. A business where nude and semi nude dancing is presented for entertainment and beer is sold. Sports Club is located in a rural portion of Decatur County. Plaintiffs Jenifer Cosimano and Sherill Douglas are dancers employed by Sports Club. As are Plaintiffs Jane Doe I and II. The Commission passed an ordinance (the
240 OPINION/ORDER
Is hereby amended as follows: 1. Because we cannot
240 98-2199 -- AMERICAN CIVIL LIBERTIES UNION V. JOHNSON -- 11/02/1999

Which criminalizes the dissemination by computer of material that is harmful to minors. Had demonstrated that they were likely to succeed on the merits of their claim that section . Which provides as follows:

30 37 3.2 Dissemination of material that is harmful to a minor by computer

A. Dissemination of material that is harmful to a minor by computer consists of the use of a computer communications system that allows the input. Whoever commits dissemination of material that is harmful to a minor by computer is guilty of a misdemeanor.

The statute provides the following defenses:

In a prosecution for dissemination of material that is harmful to a minor by computer. It is a defense that the defendant has:

  1. in good faith taken reasonable. Including any method that is feasible with available technology.
240 OPINION/ORDER
He argues he did not validly waive his right to remain silent after he was eventually given Miranda warnings. The warnings became
240 UNITED STATES V. RODRIGUEZ-MATOS (9/17/1999, NO. 98-4741)

District Judge:

Jose Antonio Rodriguez Matos (

240 OPINION/ORDER
We reverse this decision and uphold the constitutionality of Regulation 61 12 because (1) the Regulation serves a valid state interest and is little more than a codification of national medical and abortion association recommendations designed to ensure the health and appropriate care of women seeking abortions. Are even yet modest and have not been shown to burden the ability of a woman to make the decision to have an abortion. (4) abortion clinics may rationally be regulated as a class while other clinics or medical practices are not. South Carolina regulated clinics at which secondtrimester abortions were performed. The South Carolina legislature amended its statute to require any
216 00-1053 -- BRISTOL V. BOARD OF COUNTY COMMISSIONERS OF COUNTY OF CLEAR CREEK -- 02/26/2002

We hold that a position is
216 OPINION/ORDER
Throughout this opinion the plaintiff appellant will be referred to simply as
216 FREUND V. BUTTERWORTH (1/22/1999, NO. 93-5317)

The crux of Freund's petition was that he was deprived of his right under the Sixth and Fourteenth Amendments to effective assistance of trial counsel because his lawyers labored under significant conflicts of interest that stemmed primarily from their prior representation of Freund's non testifying. Among Freund's symptoms were impaired memory. His main occupation was a full time criminal. He often had them use cocaine with him immediately before they did anything else.

Trent claimed to have ties with the local police through his work as a confidential informant. Four such persons were at Trent's apartment. On the night of the murder: three testified at Freund's trial and the fourth was the victim.

216 UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)

The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.

216 OPINION/ORDER
Enough is Enough. At issue is COPA's constitutionality. A statute designed to protect minors from
216 OPINION/ORDER
Bush is substituted for his predecessor. Is ordered amended. The Clerk is instructed to file the amended opinion with Judge Fernandez's amended concurrence/dissent. The Clerk is also instructed not to accept for filing any new petitions for rehearing and petitions for rehearing en banc in this case. The petitions for rehearing are DENIED and the petitions for rehearing en banc are DENIED. Concurring in the order: My views as to the merits of this issue are set forth in the amended majority opinion authored by Judge Goodwin. I disagree with the notion that the importance of an issue is a sufficient reason to take a case en banc. The rule begins by stating that a
216 OPINION/ORDER
Initial en banc consideration is denied. The opinion is joined by KELLY and BRISCOE. The Supreme Court held that the United States Sentencing Guidelines were incompatible with the Sixth Amendment. 543 U.S. 220. Is in no sense bound by them. He is bound only by the statutory sentencing factors. Which are both numerous and vague. As I have previously noted. Serious tension exists
between this court's post Booker precedents regarding appellate review of sentences and that portion of Booker holding that the Guidelines are no longer mandatory. The ability of district courts to exercise true discretion and vary from the range set out in the advisory Sentencing Guidelines is subject to significant and unwarranted procedural impediments. Because the procedural impediments imposed on the district courts by Atencio are inconsistent with Booker. Are not supported by case law or other governing authority. Are bad policy. Which notice must identify each and every ground the district court is considering in support of such a sentence.
216 OPINION/ORDER
Is ordered amended. The Clerk is instructed to file the amended opinion. The full court was advised of the petition for rehearing en banc and an active judge requested a vote on whether to rehear the matter en banc. The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained. 13474 VASQUEZ LOPEZ v. Innocent
216 BRUNGART V. BELLSOUTH TELECOMMUNICATIONS (10/24/2000, NO. 99-14472)

216 BRUNGART V. BELLSOUTH TELECOMMUNICATIONS (10/24/2000, NO. 99-14472)

216 UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)

The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.

216 OPINION/ORDER
We have considered each of Ferguson's contentions. We will affirm the district court's order. The court concluded
216 WATERS V. THOMAS

This document was created from RTF source by rtftohtml version 2.7.5 > Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="216"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb95/88-8935.man.html">WATERS V. THOMAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="216"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan99/93-5317.ma3.html">FREUND V. BUTTERWORTH (1/22/1999, NO. 93-5317)<BR></A><BR> The crux of Freund's petition was that he was deprived of his right under the Sixth and Fourteenth Amendments to effective assistance of trial counsel because his lawyers labored under significant conflicts of interest that stemmed primarily from their prior representation of Freund's non testifying. Among Freund's symptoms were impaired memory. His main occupation was a full time criminal. He often had them use cocaine with him immediately before they did anything else.</P> <P> Trent claimed to have ties with the local police through his work as a confidential informant. Four such persons were at Trent's apartment. On the night of the murder: three testified at Freund's trial and the fourth was the victim.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="216"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/49F73C863DE5878688256BE20074E049/$file/0056043.pdf?openelement">OPINION/ORDER</A><BR> CU's motion for summary judgment was granted by the district court. We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND CU is a nonprofit corporation that engages in comparative testing and evaluation of consumer products and services. The results of which are published in the magazine Consumer Reports. Was introduced in the United States in 1985. The petition was denied. Although the NHTSA emphasized that the denial was not an endorsement of the safety performance of a vehicle. A double lane change avoidance maneuver test course that CU had used since 1973.2 The long course was designed to replicate an emergency situation in which a driver suddenly steers a vehicle left into the opposing lane. Several CU personnel were in attendance during the April 20 testing. CU driver Kevin Sheehan reported that the Samurai was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="216"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0349p-06.pdf">OPINION/ORDER</A><BR> Tennessee state officers were investigating members of the Burke family. The officers suspected that they were stealing cars. This process of exchanging the VIN plates of wrecked cars for those of stolen cars is known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="216"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May2000/969007.txt">OPINION/ORDER</A><BR> We have considered each of Ferguson's contentions. We will affirm the district court's order. The court concluded </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0336n-06.pdf">OPINION/ORDER</A><BR> Roland contends that the government failed to demonstrate that he was predisposed to engage in criminal activity and that the district court erred in refusing to grant a downward departure under the Sentencing Guidelines. Are as follows. Hughes testified that Larue Roland informed him that his regular supplier was out of town. Roland sold Ozbolt what Hughes testified was slightly less than one ounce. Roland and Moxley were to meet someone named </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0248p-06.pdf">OPINION/ORDER</A><BR> Because we conclude that the defendants have failed to produce evidence that justifies the restrictions on commercial speech imposed by the ordinance. Pagan is a resident of Glendale and formerly the owner of a 1970 Mercury Cougar that he wanted to sell. Notified Pagan that the sign was a violation of Glendale Traffic Code § 76.06. Was ultimately unsuccessful in obtaining a satisfactory resolution of his dispute with the Village. Determined that Chief Fruchey was entitled to qualified immunity. Pagan has waived any argument that the district court's decision respecting Chief Fruchey was incorrect. 723 (6th Cir. 2006) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/943687P.pdf">OPINION/ORDER</A><BR> Joubert's death sentences were based on an unconstitutionally vague statutory aggravating factor and granted the writ. Danny's gag worked loose and he asked Joubert if he was going to die. He was found with a figure resembling a plant carved into his torso. Giving details unknown to the public which were corroborated by the crime scenes. Which were later corroborated. Joubert was charged with two counts of first degree murder. Joubert was sentenced to death on both counts. The sentencing panel found two statutory aggravating factors in regard to the murder of Danny Eberle: 1) that he was killed in order to conceal the perpetrator's identity (Nebraska statutory aggravator 29 2523(1)(b)). 2) that the murder was both </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0432p-06.pdf">OPINION/ORDER</A><BR> Denko argues that it was an abuse of discretion for the IJ not to reopen removal proceedings when Denko introduced evidence that her failure to attend her second master calendar hearing resulted from her attorney's ineffective assistance of counsel and not from any decision on Denko's part to abandon her request for asylum. Violates established administrative law because it is inconsistent with other provisions of the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0168FFB46E51AC548825718F00493302/$file/0356621.pdf?openelement">OPINION/ORDER</A><BR> Both these ordinances and Santa Monica's administrative interpretation of them have changed substantially. Appellants' persistent urging and Santa Monica's willingness to change its regulations have together produced a transformation in the applicable permitting scheme that to the credit of all par SANTA MONICA FOOD v. We hold that Santa Monica's Community Events Ordinance is. Is not constitutionally sound and cannot be enforced. The facial challenges to other ordinances either are moot or fail on the merits. We are not to be understood as having reviewed or approved aspects of the ordinances or implementing regulations not here challenged. We have endeavored throughout to be quite specific about the limited nature of the challenges to which we respond. 2 Santa Monica has requested that we take judicial notice of six documents: Staff Report. Santa Monica submits that each document is a certified public record. The first four documents are on file with the City Clerk of the City of Santa Monica. The remainder can be accessed at Santa Monica's official website found at www.santa monica.org/ccs/events and are on file with the Open Space Management Division of the Community and Cultural Services Department of the City of Santa Monica. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3DF703F416DC0608882570F40006DDCF/$file/0117424.pdf?openelement">OPINION/ORDER</A><BR> Bea) conclude that the case is ripe for adjudication. The judgment of the district court is REVERSED and the case REMANDED with directions to dismiss the action without prejudice. Brought suit in federal district court in diversity against La Ligue Contre Le Racisme et L'Antisemitisme ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTI2OTUtY3Zfb3BuLnBkZg==/06-2695-cv_opn.pdf">OPINION/ORDER</A><BR> BACKGROUND The following history of the Rule's genesis is drawn from the reports of the Office of the Inspector General for Fiduciary Appointments and the Commission on Fiduciary Appointments. Fiduciary appointees are private attorneys who are compensated from the assets of the individuals or businesses they have been assigned to represent or manage. Many fiduciary positions are highly remunerative. Because judges historically have had unregulated discretion to make these appointments. Which were never adopted. Chief Judge Kaye responded to these recommendations by adopting 4 a new part 36 of the Rules of the Chief Judge.2 This rule contained the following provision: No person who is the chair or executive director. Counsel and employees of any law firms or entities while the official is associated with that firm or entity. The Rule was to become effective June 30. Was elected in September 2002 to serve as co chair of the Orange County Democratic Committee. She claims she was denied three legal employment opportunities ­ one to form a partnership with another attorney. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200517126.pdf">OPINION/ORDER</A><BR> Illegally entered the United States in 1990 when he was four years old. Camacho Salinas was convicted in Florida state court of burglary. Camacho Salinas is eligible for a § 212(h) waiver of his convictions involving moral turpitude. Who was then nineteen years old. Was killed by Sandinista guerillas in 1979. Camacho Salinas then argued that he would be eligible for an INA § 212(h) waiver if he were an illegal alien rather than 3 an LPR and that the seven year residency requirement for § 212(h) eligibility for LPRs was a denial of his equal protection rights. The IJ found that Camacho Salinas was ineligible for an INA § 212(h) waiver of inadmissibility because his legal residence commenced in 2000 and did not continue for the required seven years prior to the initiation of the removal proceedings in February 2005. The IJ further found that even if Camacho Salinas was statutorily eligible for withholding of removal. Noted that the argument was meritless under Moore v. The BIA declined to consider the merits of CamachoSalinas's withholding of removal claim because he failed to challenge the IJ's conclusion that he was statutorily ineligible for relief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200316243.pdf">OPINION/ORDER</A><BR> Circuit Judge: At issue today is whether a Florida county sheriff. Is an arm of the state entitled to the benefit of the state's Eleventh Amendment immunity from suit in federal court. We conclude that the sheriff is not an arm of the state in this case and. The record is unclear as to precisely what type of club Abusaid was operating. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200116485.pdf">OPINION/ORDER</A><BR> A version of the Comprehensive Drug Abuse Prevention and Control Act which is no longer in effect. Probable cause is no longer a central issue in forfeiture proceedings. 484.00 in cash was the proceeds of. Or was otherwise connected to. The burden shifted to Stanford to establish by a preponderance of the evidence one of two affirmative defenses: either that the money was not the proceeds of illegal drug activity. Or that she was an innocent owner. Stanford herself was her only witness at trial. 484.00 in cash she was carrying was not connected to illegal drug activity. The court was not persuaded. 484.00 Stanford was carrying was substantially connected to an illegal drug transaction. The opinion also explained that Stanford had not thereafter satisfied her burden of proving by a preponderance of the evidence </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1704.01A">OPINION/ORDER</A><BR> This is the first time we have had occasion to construe the Family and Medical Leave Act of 1993 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1337.01A">OPINION/ORDER</A><BR> The claims against Israel and Miriam Laudon were also dismissed. The RICO claim against Hasbro was 2 dismissed from the bench on March 27. VI were also dismissed as to Hasbro.1 This appeal followed.2 I. Doyle was instructed by Laudon that receipt of the commissions was necessary for the continuance of the contracts. Dismissed Count V as to Hasbro only </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/02/01-1077.htm">01-1077 -- U.S. V. CONSUMER INSURANCE GROUP -- 02/10/2003<BR></A><BR> Modrejewski told Holmes </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1962.01A">OPINION/ORDER</A><BR> LLC</SPAN> were on brief for appellant. P.A.</SPAN> were on brief for cross appellant. It ruled that because the Advest IRA was in Cox's name when Cox petitioned for bankruptcy. Hence was not subject to the later judgment of the divorce court. We reverse the court's decision as to the Advest IRA and remand for further proceedings consistent with this opinion. </P> <UL> <LI><STRONG>BACKGROUND</STRONG></LI> </UL> <P> Laurie Davis and Thomas Cox were married on August 17. They have two minor children. Davis was a homemaker and. Cox was a successful commercial attorney. The court was required by Maine law to issue. The preliminary injunction was meant to keep intact. Is equitably divided by the court between the divorcing pair irrespective of in whose name it was held. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199908/98-3006a.txt">OPINION/ORDER</A><BR> With her on the briefs was A.J. With her on the brief were Wilma A. Circuit Judge: Defendant Marc Weathers was found guilty on all counts of a six count indictment arising out of his attempts to arrange for the murder of several witnesses and a prosecutor. The trial was postponed. Just weeks before the rescheduled rape trial was set to begin. A second informant told the FBI that Weathers was trying to hire him to arrange the killing of both the rape victims and the prosecutor. 000 after AUSA Sargeant was killed. In part: [T]hese people are trying to give me life without parole. You don't have to kill them. You know if the situation was reversed. [T]hey don't have a case without these bitches. Weathers was indicted in United States District Court for plotting against the witnesses and prosecu tor in his Superior Court cases. App. 11 14.2 The defendant was convicted on all counts. Was sentenced to: (1) ten years imprison ment on Count One. 366 68 (1983).3 Defendant's first contention is that his conviction on Count Four for threatening a federal official (AUSA Sargeant) in violation of 18 U.S.C. s 115. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024104.P.pdf">OPINION/ORDER</A><BR> The secondary inspector found additional problems with the visa and determined that it was not genuine. Prince Oyibo was arrested and was charged by criminal complaint with travel document fraud. While the passport was genuine and UNITED STATES v. PRINCE OYIBO 3 unaltered and the visa was genuine when issued. His defense was that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021494.P.pdf">OPINION/ORDER</A><BR> Opinion filed 8/1/03 is vacated Filed: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02 1494 (CA 00 582 3) August 18. Line 2 of section III the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-5167.wpd">OPINION/ORDER</A><BR> We limited the applicability of the doctrine by holding that it applies only if </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/98opinions/98-3006a.html">USA V. WEATHERS MARC K. US V. WEATHERS, MARC<BR></A><BR> With her on the briefs was <i>A.J. <p> Kramer</i>. With her on the brief were <i>Wilma A. <p> Lewis</i>. <i>Circuit Judge</i>: Defendant Marc Weathers was <p> found guilty on all counts of a six count indictment arising out <p> of his attempts to arrange for the murder of several witnesses <p> and a prosecutor. The trial was <p> postponed. Just weeks before the rescheduled rape trial <p> was set to begin. A second informant told the FBI that <p> Weathers was trying to hire him to arrange the killing of both <p> the rape victims and the prosecutor. 000 after AUSA Sargeant was killed. In part:<p> <p> [T]hese people are trying to give me life without parole. You don't <p> have to kill them. You <p> know if the situation was reversed. I'd do it for you.... <p> [T]hey don't have a case without these bitches. Weathers was indicted in United States <p> District Court for plotting against the witnesses and prosecu <p> <p> <p> tor in his Superior Court cases. App. 11 14.2 The defendant was convicted <p> on all counts. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="182"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4064_022.pdf">OPINION/ORDER</A><BR> Once this is done. The applicable rule is the one 2 No. 05 4064 upholding the State's Eleventh Amendment immunity in a claim under Title I of the Americans with Disabilities Act (ADA). Thus that the State is entitled to immunity here. He was transferred to the Racine Youthful Offender Facility. Toeller was absent from work frequently. Leave without pay is granted automatically if it is not expressly granted or denied within two business days. He was suspended with pay pending an investigation of a variety of infractions of workplace rules. Indicating that he was being fired for several reasons: threatening and attempting to inflict bodily harm on another person in July 2000. Toeller claims that these grounds were pretextual and that the real reason he was fired was because he took unpaid medical leave under the FMLA. Noting that it is established that </TD> </TR> </TABLE> <!-- End of real page content --> <!-- kludgy empty paragraph acts as spacer --> <P></P> <!-- This is the place for the lower nav bar and footer --> <!-- the following is Mason-included: footer.htm --> <br class="clear" /> </div><!-- close extra div (opened in header.htm) --> <br class="clear" /> </div><!-- close middle (opened in header.htm) --> <div id="footer"> <div class="footerNav"> <div><!-- getting ridiculous, i know --> <ul> <li><a href="/lii.html" class="nav">about us</a></li> <li><a href="/help/" class="nav">help</a></li> <li><a href="/comments/credits.html" class="nav">© copyright</a></li> </ul> <br class="clear" /> </div><!-- close ridiculous div --> </div><!-- close footerNav --> </div><!-- close footer --> <br class="clear" /> </div><!-- close collection (opened in header.htm) --> <br class="clear" /> </div><!-- close ours (opened in header.htm) --> <br class="clear" /> </div><!-- close container (opened in header.htm) --> <!-- end of included footer --> </BODY> </HTML> <!-- end of HTML --> <!-- code from here on down --> <!-- input arguments are: a query (optional) --> <!-- to begin with... 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