350H Sentencing and Punishment 350HIV Sentencing Guidelines 350HIV(H) Proceedings 350HIV(H)3 Hearing 350Hk991 k. Conduct of Hearing. Trial court’s isolated references to two plotlines of Sopranos television show, which highlighted difficult relationships between children and their parents and operation of boiler rooms for purposes of securities fraud, did not indicate that Guidelines sentence imposed on Italian-American for securities fraud offenses improperly took [...]

350H Sentencing and Punishment 350HVIII The Death Penalty 350HVIII(G) Proceedings 350HVIII(G)4 Determination and Disposition 350Hk1784 Verdict or Recommendation of Jury 350Hk1784(3) k. Overriding Jury Recommendation. Trial court did not err in overriding jury recommendation of life imprisonment and sentencing defendant to death, where facts suggesting a sentence of death were so clear and convincing that virtually no reasonable person could differ, and [...]

30 Appeal and Error 30V Presentation and Reservation in Lower Court of Grounds of Review 30V(B) Objections and Motions, and Rulings Thereon 30k181 k. Necessity of Objections in General. Preservation requires that a party make a specific objection to provide the trial court an opportunity to correct any error it may have made, and does not enable counsel to comb [...]

81 Colleges and Universities 81k9 k. Students. Not withstanding the right of a law school to refuse a contumacious student his degree, he is entitled to a certificate of attendance and that he passed a satisfactory examination. People ex rel. O’Sullivan v. New York Law Sch., 22 N.Y.S. 663 (Gen. Term 1893) [...]

89 Compromise and Settlement 89I In General 89k1 Nature and Requisites 89k2 k. In General. Parties to a settlement benefit by immediately resolving the litigation and receiving some measure of vindication for their positions while foregoing the opportunity to achieve an unmitigated victory; thus, the parties to a settlement will not be heard to complain that the relief afforded is [...]

110XXXI Counsel 110XXXI(F) Arguments and Statements by Counsel 110k2145 Appeals to Sympathy or Prejudice 110k2147 k. Abusive Language. Appeal to jurors’ emotions may arise directly, or indirectly from prosecutor’s use of personal and degrading epithets to describe defendant, and defendant’s right to fair trial may be abridged by repeated or flagrant use of such invective. State v. Chasse, 721 A.2d 1212 [...]

92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(L) Challenging or Resisting Government 92k1864 k. Anti-Government Protests and Demonstrations. Beating a drum in context of clearly identified antiwar demonstration is expressive conduct protected by the First Amendment. United States v. Doe, 968 F.2d 86 (D.C. Cir. 1992) [...]

197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)3 Hearing 197k752 Conduct of Hearing 197k752.1 k. In General. In federal habeas corpus proceeding involving legality of detention of state prisoner, state’s objection to federal judge asking questions and searching the record, rejected on ground that at least since the days of Socrates asking questions has been recognized as method of [...]

349 Searches and Seizures 349I In General 349k60 Motor Vehicles 349k60.1 k. In General. Vehicle is an “effect” as that term is used in Fourth Amendment, which provides that “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” United States v. Jones, 132 S. Ct. 945 [...]

310 Prisons 310II Prisoners and Inmates 310II(B) Care, Custody, Confinement, and Control 310k151 Religious Practices and Materials 310k152 k. In General. Prisoner had no constitutional right to be recognized and treated as the “Messiah-God” or any other holy, extra-worldly, or supernatural being or power. Dekoven v. Bell, 140 F. Supp. 2d 748 (E.D. Mich. 2001) Suggested by John Pollock, Staff Attorney; Public Justice [...]

334 Removal of Cases 334II Origin, Nature, and Subject of Controversy 334k25 Allegations in Pleadings 334k25(1) k. In General. Under the well-pleaded complaint rule, a completely preempted state-law counterclaim remains a counterclaim and thus does not provide a key capable of opening a federal court’s door on the basis of federal question jurisdiction. Vaden v. Discover Bank, 129 S. Ct. 1262 [...]

388 Trial 388V Arguments and Conduct of Counsel 388k113 Statements as to Facts, Comments, and Arguments 388k114 k. In General. The great latitude permitted counsel of both parties to indulge in flights of oratory during argument has its limits. Living Centers of Texas, Inc. v. Penalver, 217 S.W.3d 44 (Tex. App. 2006) [...]

92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(W) Telecommunications and Computers 92k2126 Broadcasting and Electronic Media in General 92k2127 k. In General. Among various forms of communication, broadcasting enjoys the most limited First Amendment protection. Esposito-Hilder v. SFX Broad. Inc., 665 N.Y.S.2d 697 (App. Div. 1997) [...]

15A Administrative Law and Procedure 15AV Judicial Review of Administrative Decisions 15AV(A) In General 15Ak676 k. Record. Without record findings of an administrative agency, the court on judicial review is greatly at sea without a chart or compass in making its determination and adjudication as to whether the agency decision is plainly right or clearly wrong. Workman v. Workmen’s Comp. Com’r, [...]

157 Evidence 157I Judicial Notice 157k14 k. Facts Relating to Human Life, Health, Habits, and Acts. Court could take judicial notice that bingo was largely a senior citizen pastime. Seminole Tribe of Florida v. Butterworth, 491 F. Supp. 1015 (S.D. Fla. 1980) Suggested by Kevin Sheahan, Law Student; Southern Illinois University School of Law; Carbondale, IL [...]

354 Shipping 354V Rights and Liabilities of Vessels and Owners in General 354k78 Torts 354k86 Actions 354k86(2.1) Evidence 354k86(2.3) k. Presumptions and Burden of Proof. A presumption of unseaworthiness arises when a vessel sinks in calm weather or fair seas. Royal Indem. Co. v. Deep Sea Int’l, 619 F. Supp. 2d 14 (S.D.N.Y. 2007) [...]

345 Schools
345II Public Schools
345II(A) Establishment, School Lands and Funds, and Regulation in General
345k9 k. Power to Establish and Maintain in General.

Public education is an essential public service.Lenox Educ. Ass’n v. Labor Relations Comm’n, 471 N.E.2d 81 (Mass. 1984)

92 Constitutional Law 92XXVII Due Process 92XXVII(B) Protections Provided and Deprivations Prohibited in General 92k3878 Notice and Hearing 92k3881 k. Notice. Proper service of process is not some mindless technicality; rather, the requirement stems from the Due Process Clause of the Fifth Amendment, which mandates that defendants receive adequate notice of proceedings against them. RDP Technologies, Inc. v. Cambi AS, 800 F. [...]

106 Courts 106II Establishment, Organization, and Procedure 106II(G) Rules of Decision 106k88 Previous Decisions as Controlling or as Precedents 106k90 Decisions of Same Court or Co-Ordinate Court 106k90(2) k. Number of Judges Concurring in Opinion, and Opinion by Divided Court. When faced with conflicting precedents, Court of Appeals is free to choose which line of cases to follow. Blodgett v. C.I.R., 394 F.3d [...]

35 Arrest 35II On Criminal Charges 35k63 Officers and Assistants, Arrest Without Warrant 35k63.4 Probable or Reasonable Cause 35k63.4(15) k. Appearance, Acts, and Statements of Persons Arrested. Police officer lacked probable cause to arrest for obstructing firefighting operation where no firefighting operation was occurring. Holland v. City of Poughkeepsie, 935 N.Y.S.2d 583 (App. Div. 2011) [...]