due process

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In 1981 the City of San Francisco ("the City") enacted its first Hotel Conversion Ordinance ("HCO"). The San Remo Hotel v. City and County of San Francisco, 145 F.3d 1095, 1099 (9th Cir.1998) ("San Remo I"). The HCO was designed to stop the depletion...

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Respondent James Garcia Dimaya, a citizen of the Philippines, immigrated to the United States as a lawful permanent resident in 1992 at the age of thirteen. See Brief for Respondent, James Garcia Dimaya at 5; Dimaya v. Lynch, 803 F.3d 1110, 1111 (9th...

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Petitioner Shannon Nelson was convicted in 2006 of sexual assault offenses against her children for which she began serving a prison term and incurred monetary charges, which the state of Colorado imposes on defendants who have been convicted. See...

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A Louisiana state court convicted Petitioner Juan Smith of participating in the 1995 shooting murder of five people, and sentenced Smith to life in prison without parole. See Brief for Petitioner, Juan Smith at 2; Brief for Respondent, Burl Cain,...

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[Question Presented][Issue][Facts][Discussion][Analysis]Issue(s)

Whether requiring the defendant to bear the burden of proving withdrawal from a conspiracy as an affirmative defense violates Due Process.

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Facts

During the late 1980s and...

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Substantive due process is the notion that due process not only protects certain legal procedures, but also protects certain rights unrelated to procedure.

Many legal scholars argue that the words “due process” suggest a concern with procedure...

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In January 2013, Defendant Tyson Timbs purchased a Land Rover with $42,058.30 in life-insurance proceeds after his father’s death. Indiana v. Timbs at 2. Timbs then regularly used the Land Rover to buy and transport heroin in the State of Indiana for...

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Christopher and Charles Turner, Clifton Yarborough, Kevin Smith, Levy Rouse, and Timothy Catlett were convicted for the 1984 murder of Catherine Fuller. Turner v. United States, Nos. 12-CO-1362, 12-CO-1538, 12-CO1539, 12-CO-1540, 12-CO-1541, 12-CO-1542...

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For employees in the railroad industry, the Railway Labor Act (“RLA”) governs the resolution of labor disputes between rail carriers and unions regarding their collective bargaining agreements. 45 U.S.C. § 151. The procedure for resolving these...

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This consolidated action addresses whether the U.S. Constitution grants Congress the authority to enact 18 U.S.C. § 4248. See U.S. v. Comstock, 551 F.3d 274, 275–76 (4th Cir. 2009). Congress enacted § 4248 as part of the Adam Walsh Child Protection and...

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