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03-5554 -- Hiibel V. Sixth Judicial Dist. Court of Nev., Humboldt Cty
(Slip Opinion) OCTOBER TERM, 2003 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY, ET AL. CERTIORARI TO THE SUPREME COURT OF NEVADA No. 03–5554. Argued March 22, 2004—Decided June 21, 2004 Petitioner Hiibel was arrested and convicted in a Nevada court for re- fusing to identify himself to a police officer during an investigative stop involving a reported assault. Nevada’s “stop and identify” stat- ute requires a person detained by an officer under suspicious circum- stances to identify himself. The state intermediate appellate court affirmed, rejecting Hiibel’s argument that the state law’s application to his case violated the Fourth and Fifth Amendments. The Nevada Supreme Court affirmed. Held: Petitioner’s conviction does not violate his Fourth Amendment rights or the Fifth Amendment’s prohibition on self-incrimination. Pp. 3–13. (a) State stop and identify statutes often combine elements of tra- ditional vagrancy laws with provisions intended to regulate police behavior in the course of investigatory stops. They vary from State to State, but all permit an officer to ask or require a suspect to disclose his identity. -
Lord Chief Justice Delegation of Statutory Functions
Delegation of Statutory Functions Lord Chief Justice – Delegation of Statutory Functions Introduction The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions. Section 109(4) of the 2005 Act defines a judicial office holder as either a senior judge or holder of an office listed in schedule 14 to that Act. A senior judge, as defined by s109(5) of the 2005 Act refers to the following: the Master of the Rolls; President of the Queen's Bench Division; President of the Family Division; Chancellor of the High Court; Senior President of Tribunals; Lord or Lady Justice of Appeal; or a puisne judge of the High Court. Only the nominated judicial office holder to whom a function is delegated may exercise it. Exercise of the delegated functions cannot be sub- delegated. The nominated judicial office holder may however seek the advice and support of others in the exercise of the delegated functions. Where delegations are referred to as being delegated prospectively1, the delegation takes effect when the substantive statutory provision enters into force. The schedule is correct as at 12 May 2015.2 The delegations are currently subject to review by the Lord Chief Justice and a revised schedule will be published later in 2015. 1 See Interpretation Act 1978, section 13. 2 The LCJ has on three occasions suspended various delegations in order to make specific Practice Directions. -
John A. Fortin, Associate Commercial Litigation, Appellate
John A. Fortin, Associate Commercial Litigation, Appellate Education: DEDICATED. METICULOUS. RESPONSIVE. Mr. Fortin joined Pisanelli Bice in February of 2021. He practices in the area of complex commercial • American Military University, litigation at both the trial and appellate levels. Mr. Fortin leverages his experience to solve complex B.A., Intelligence Studies, 2015 problems related to nascent technology issues our clients face in the Twenty-First century. He • University of Richmond, T.C. focuses on data privacy, cybersecurity, and the evolving problems posed by the internet of things. Williams School of Law, J.D. magna cum laude, 2019 Mr. Fortin enlisted in the United States Navy shortly after graduating from high school. • George Mason University, For over a decade, he served as a Cryptologist and Information Warfare Specialist interfacing Antonin Scalia Law School, LL.M., and collaborating across the intelligence community, while working specifically for the National Global Antitrust Law & Economics Security Agency (NSA). His service included tours of duty aboard the USS SIMPSON (FFG-56), 2020 the USS IWO JIMA (LHD-7), and Navy Information Operations Command-Colorado. Professional Memberships: In 2007 and 2009, Mr. Fortin deployed to South America and conducted intelligence support for counter-illicit trafficking operations. In 2012, he deployed as a member of the NSA’s Cryptologic • American Bar Association Support Team to Afghanistan where he provided operational, tactical, and strategic support SEAL • State Bar of Nevada Teams Two and Four, Marine Special Operations, and coalition partners in Operation Enduring • Clark County Bar Association Freedom. While serving on active duty, he earned his B.A. in three-and-a-half years. -
A Report of the Supreme Court of Nevada Court Funding Commission X NEVADA JUDICIAL BRANCH FUNDING: RESOURCES and OPERATIONS DURING FISCAL YEAR 2003
NEVADA JUDICIAL BRANCH FUNDING: RESOURCES AND OPERATIONS DURING FISCAL YEAR 2003 A Report of the Supreme Court of Nevada Court Funding Commission x NEVADA JUDICIAL BRANCH FUNDING: RESOURCES AND OPERATIONS DURING FISCAL YEAR 2003 A REPORT OF THE SUPREME COURT OF NEVADA COURT FUNDING COMMISSION March 2005 Creation of Commission: “a Supreme Court Commission shall be created for the purpose of studying the funding levels of the various courts and the mechanisms used to fund the various courts and recom- mending to this Court proposals to ensure that all courts are funded fairly, adequately and reasonably.” (Order Establishing Administrative Assessment Commission and Court Funding Commission, ADKT No. 347, filed March 12, 2003.) i SUPREME COURT OF NEVADA Nancy A. Becker, Chief Justice Robert E. Rose, Vice-Chief Justice A. William Maupin, Associate Justice Mark Gibbons, Associate Justice Michael L. Douglas, Associate Justice James W. Hardesty, Associate Justice Ronald D. Parraguirre, Associate Justice Distributed by the Supreme Court of Nevada, Administrative Office of the Courts March 2005 www.nvsupremecourt.us ii Court Funding Commission members Justice Deborah A. Agosti, Supreme Court of Nevada* Chief Judge James W. Hardesty, Second Judicial District* Chief Judge Dan L. Papez, Seventh Judicial District Judge Ronald D. Parraguirre, Eighth Judicial District Judge Christina Brisebill, Justices’ Court of Pahrump Township* Judge Susan Deriso, Justices’ Court of Sparks Township Judge Deborah J. Lippis, Justices’ Court of Las Vegas Township Judge Cedric A. Kerns, Las Vegas Municipal Court Mr. Mark E. Amodei, State Senator Mr. Bernie Anderson, State Assemblyman Mr. Bill Martin, President and CEO, Nevada State Bank Mr. -
The Joint Inspection of the Devon and Cornwall Criminal Justice Area
THE JOINT INSPECTION cpsi OF THE H M Crown Prosecution Service Inspectorate DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 HM Inspectorate of Court Administration THE JOINT INSPECTION cpsi OF THE H M Crown Prosecution Service Inspectorate DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 HM Inspectorate of Court Administration THE JOINT INSPECTION OF THE DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 The Joint Inspection Report on the Devon and Cornwall Criminal Justice Area The Joint Inspection Report on the Devon and Cornwall Criminal Justice Area CONTENTS Preface 1. Introduction . .1 Devon, Cornwall and the Isle of Scilly . 1 Devon and Cornwall Criminal Justice Board. 1 Scope of inspection . 2 Methodology . 2 Structure of the report. 3 2. Executive Summary . .5 Overview. 5 Public confidence and community engagement . 6 Bringing offenders to justice . 6 Reducing ineffective trials. 7 The treatment of victims and witnesses. 8 The treatment of defendants . 8 The enforcement of community sentences . 8 Key performance results. 9 3. The governance and structure of the Devon and Cornwall Criminal Justice Board . 13 Overview. 13 Governance. 13 Structure . 15 Strategic plan and direction . 16 Accountability . 16 The criminal justice office. 18 4. Improving public confidence and community engagement . 19 Overview. 19 Improving public confidence. 19 Equality and diversity . 20 Strategic partnerships . 21 5. Bringing offenders to justice. .23 Overview. 23 Offences brought to justice . 23 Pre-charge advice and decision-making scheme . 25 The structure of the statutory charging scheme . 25 The operation of the scheme . -
No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P
Utah OnLaw: The Utah Law Review Online Supplement Volume 2012 Article 2 2012 No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P. Newton Teresa L. Welch Neal G. Hamilton Follow this and additional works at: https://dc.law.utah.edu/onlaw Part of the Courts Commons, Judges Commons, and the Jurisprudence Commons Recommended Citation Newton, Samuel P.; Welch, Teresa L.; and Hamilton, Neal G. (2012) "No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts," Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2012 , Article 2. Available at: https://dc.law.utah.edu/onlaw/vol2012/iss1/2 This Article is brought to you for free and open access by Utah Law Digital Commons. It has been accepted for inclusion in Utah OnLaw: The tU ah Law Review Online Supplement by an authorized editor of Utah Law Digital Commons. For more information, please contact [email protected]. NO JUSTICE IN UTAH’S JUSTICE COURTS: CONSTITUTIONAL ISSUES, SYSTEMIC PROBLEMS, AND THE FAILURE TO PROTECT † DEFENDANTS IN UTAH’S INFAMOUS LOCAL COURTS Samuel P. Newton,* Teresa L. Welch,** & Neal G. Hamilton*** [T]here’ll be no Justice of the Peace for you; just a big piece of justice.1 INTRODUCTION Justice courts2 could be called the most loved and hated court in the judicial system. The justices of the peace who preside over the courts are equally polarizing figures. The courts have been called “a powerful, multifaceted, local legal institution”3 which “helped design and weave together the social, economic, and political fabric”4 of American society. -
Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit ______PETITION for a WRIT of CERTIORARI ______SCOTT L
No. ______ In the Supreme Court of the United States __________________ GIANINNA GALLARDO, AN INCAPACITATED PERSON, BY AND THROUGH HER PARENTS AND CO-GUARDIANS PILAR VASSALLO AND WALTER GALLARDO, Petitioner, v. SIMONE MARSTILLER, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. __________________ On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit __________________ PETITION FOR A WRIT OF CERTIORARI __________________ SCOTT L. NELSON BRYAN S. GOWDY PUBLIC CITIZEN LITIGATION Counsel of Record GROUP MEREDITH A. ROSS 1600 20th Street NW CREED & GOWDY, P.A. Washington, DC 20009 865 May Street (202) 588-1000 Jacksonville, FL 32204 (904) 350-0075 FLOYD FAGLIE [email protected] STAUNTON & FAGLIE, PL 189 E. Walnut Street Monticello, FL 32344 (850) 997-6300 Counsel for Petitioner March 9, 2021 Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTION PRESENTED Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses. ii PARTIES TO THE PROCEEDINGS Petitioner Gianinna Gallardo, an incapacitated person, by and through her parents and co- Guardians Pilar Vassallo and Walter Gallardo, was the plaintiff-appellee below. Respondent Simone Marstiller is, in her official capacity, the current Secretary of the Florida Agency for Healthcare Administration. Her predecessors (Mary Mayhew, Justin Senior, and Elizabeth Dudek) were—during their respective tenures and in their official capacities as Secretaries of the Florida Agency for Health Care Administration—previously named as the defendant-appellant below. -
Utah S Wyoming S Colorado S Texas
Fall 2016 Dewhirst DolvenLLC Attorneys at Law Legal Update Utah s Wyoming sColoradosTexas Plaintiffs appealed, seeking a trial de novo Utah at the district court. At trial, Defendant in brief stressed the multiple inconsistencies in Plaintiffs’ medical records as to how the DEWHIRST & DOLVEN accident occurred and as to the alleged UTAH OBTAINS THREE DEFENSE injuries. Upon bench trial, the district court • The Utah Supreme Court VERDICTS IN A TRIAL DE judge also held that the alleged injuries did judicially adopted a new cause of NOVO not match the vehicle’s minor scrape mark. action for filial consortium for Salt Lake City County: Dewhirst & As such, the judge rendered “no cause of losses sustained from a Dolven attorney Kyle Shoop obtained action” as to all three of the Plaintiffs’ minor-child’s serious injury. In three defense verdicts upon a trial de actions. adopting the cause of action, the novo to the bench. This matter involved Damian v. Nesbit, Court held that the same statutory alleged personal injuries from three Case No. 168900005, requirements for a spousal loss of Plaintiffs, who were brothers, after an Salt Lake County, Utah. consortium claim must be met. alleged impact between Plaintiffs’ .....................................Page 2 vehicle and a semi tractor-trailer driven by Defendant Ryan Nesbit. COLORADO In a construction defect case, the Plaintiffs initially filed their actions • against Defendant Nesbit in small claims Colorado Court of Appeals court. They alleged that the rear interpreted when “substantial driver-side of Defendant’s trailer completion” of a contractor’s impacted their vehicle as the truck made In This Issue work occurs under the builder’s a right turn onto northbound Bangerter statute of repose. -
Proposal on the Provision of Courts Services in Wales
Proposal on the provision of courts services in Wales Consultation Paper CP15/10 Published on 23 June 2010 This consultation will end on 15 September 2010 Proposal on the provision of courts services in Wales A consultation produced by Her Majesty's Courts Service, part of the Ministry of Justice. It is also available on the Ministry of Justice website at www.justice.gov.uk Proposal on the provision of courts services in Wales Contents The HMCS national estates strategy 3 Introduction 5 Magistrates’ courts in Dyfed Powys 7 Magistrates’ courts in Gwent 17 Magistrates’ courts in South Wales 23 Magistrates’ courts in North Wales 32 County courts in Wales 39 Annex A – Map of proposals 47 Questionnaire 49 About you 54 Contact details/How to respond 55 The consultation criteria 57 Consultation Co-ordinator contact details 58 1 Proposal on the provision of courts services in Wales 2 Proposal on the provision of courts services in Wales The HMCS national estates strategy HMCS is committed to providing a high quality courts service within a reasonable travelling distance of the communities that use it, while ensuring value for money for taxpayers. HMCS currently operates out of 530 courthouses – 330 magistrates’ courts, 219 county courts and 91 Crown Court centres.1 However, the number and location of these does not reflect changes in population, workload or transport and communication links over the years since many of them were opened. This has resulted in some courts sitting infrequently and hearing too few cases. Some buildings do not provide suitable facilities for those attending or are not fully accessible for disabled court users. -
In the District Court of Appeal First District of Florida
Filing # 113063503 E-Filed 09/09/2020 11:34:29 AM IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT OF FLORIDA DELANEY REYNOLDS, et al. Plaintiffs/Appellants, v. Case No. 1D20-2036 L.T. Case No. 18-CA-00819 THE STATE OF FLORIDA; RON DESANTIS, in his official capacity as Governor of the State of Florida, et al. Defendants/Appellees. __________________________________________________________________ ON APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA __________________________________________________________________ INITIAL BRIEF OF PLAINTIFFS/APPELLANTS __________________________________________________________________ GUY M. BURNS, FBN 0160901 MITCHELL A. CHESTER, FBN 288136 Johnson Pope Boker Ruppel & Law Office of Mitchell A. Chester, P.A. Burns, LLP 150 S. Pine Island Road, Ste. 300 401 East Jackson Street, Suite 3100 Plantation, Florida 33324 RECEIVED, 09/09/2020 11:35:30 AM, Clerk, First District Court of Appeal Tampa, Florida 33602 Ph: (954) 759-9960 Ph: (813) 225-2500 Fx: (954) 759-9930 Fx: (813) 223-7118 [email protected] [email protected] [email protected] [email protected] Counsel for Appellants ERIN L. DEADY, FBN 0367310 F. WALLACE POPE, JR., FBN 124449 Erin L. Deady, P.A. Johnson Pope Bokor Ruppel & 54 ½ SE 6th Avenue Burns, LLP Delray Beach, FL 33483 911 Chestnut Street Ph: (954) 593-5102 Clearwater, Florida 33756 [email protected] Ph: (727) 461-1818 Fx: (727) 441-8167 [email protected] DEB SWIM, FBN 336025 JANE WEST, FBN 159417 Deb Swim, PLLC Jane West Law, P.L. 1323 Diamond Street 24 Cathedral Place, Ste. 504 Tallahassee, FL 32301 St. Augustine, FL 32084 Ph: (850) 656-0448 Ph: (904) 471-0505 [email protected] [email protected] [email protected] MATTHEW D. -
Best Respondent's Brief NO
Best Respondent's Brief NO. 03-0052 In The United States Court Of Appeals For The Fourteenth Circuit Spring Term 2003 UNITED STATES OF AMERICA, APPELLEE, V. ELIZABETH MONROE, APPELLANT. On appeal from the United States District Court for the District of Glidden BRIEF FOR APPELLEE Team #6 Charlotte LeClercq Kory A. Atkinson Northern Illinois University College of Law Swen Parson Hall DeKalb, IL 60115 ORAL ARGUMENT REQUESTED 376 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW [Vol. 23 QUESTIONS PRESENTED FOR REVIEW 1. Whether federal agents violated the Fourth Amendment right of the appellant to be secure against unreasonable searches and seizures when agents, pursuant to a valid premises search warrant, searched a purse defendant had voluntarily placed on a chair while she was a guest on the premises? 2. Whether appellant is subject to criminal liability under 18 U.S.C. § 924(c) for using or carrying a firearm during and in relation to a drug trafficking offense when she traded twenty kilograms of cocaine for five AK-47 assault rifles in furtherance of a drug distribution conspiracy? 2003] BEST RESPONDENT'S BRIEF OPINIONS BELOW The order and judgment of the District Court for the District of Glidden are unreported and are contained in the Transcript of the Record (R. at 20-22; R. at 33) and in the Appendix (C-I; E-1).* STATEMENT OF JURISDICTION A formal statement of jurisdiction has been omitted in accordance with the rule of the Northern Illinois University College of Law Second Year Moot Court Competition. PRELIMINARY STATEMENT The United States District Court for the District of Glidden convicted the defendant, Elizabeth Monroe, of violating 18 U.S.C. -
Published United States Court of Appeals for The
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2176 ELDERBERRY OF WEBER CITY, LLC, a Virginia limited liability company, Plaintiff - Appellee, v. LIVING CENTERS – SOUTHEAST, INCORPORATED, a North Carolina corporation; FMSC WEBER CITY OPERATING COMPANY, LLC, a Delaware limited liability company; CONTINIUMCARE OF WEBER CITY, LLC, a Florida limited liability company; MARINER HEALTH CARE, INCORPORATED, a Delaware corporation, Defendants - Appellants. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:12-cv-00052-NKM-RSB) Argued: January 28, 2015 Decided: July 21, 2015 Amended: August 10, 2015 Before MOTZ, GREGORY, and WYNN, Circuit Judges. Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge Gregory wrote the opinion, in which Judge Motz and Judge Wynn joined. ARGUED: James F. Segroves, HOOPER, LUNDY & BOOKMAN, PC, Washington, D.C., for Appellants. James Strother Crockett, Jr., SPILMAN THOMAS & BATTLE, PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Lori D. Thompson, LECLAIRRYAN, PC, Roanoke, Virginia, for Appellants. Travis A. Knobbe, M. Mallory Mantiply, SPILMAN THOMAS & BATTLE, PLLC, Roanoke, Virginia, for Appellee. GREGORY, Circuit Judge: Plaintiff-appellee Elderberry of Weber City, LLC (“Elderberry”) filed this civil action in the Western District of Virginia alleging breach of a lease for a skilled nursing facility against defendants-appellants Living Centers – Southeast, Inc. (“Living Centers”), FMSC Weber City Operating Company, LLC (“FMSC”), and ContiniumCare of Weber City (“Continium”), and breach of a guaranty contract against defendant-appellant Mariner Health Care, Inc. (“Mariner”). Separately, in the Northern District of Georgia, Mariner filed a declaratory judgment action against Elderberry, seeking a declaration that it had no obligations under the guaranty.