Adversary - Judgments | SooperKanoon

Jun 25 1973 (FN)

Heller Vs. New York

Court: US Supreme Court

Decided on: Jun-25-1973

..... and following the seizure a prompt judicial determination of the obscenity issue in an adversary proceeding is available at the request of any interested party the seizure is constitutionally ..... protect against gross abuses while the availability of a prompt judicial determination in an adversary proceeding following the seizure assures that difficult marginal cases will be fully considered in .....

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Jun 23 1975 (FN)

United States Vs. Nobles

Court: US Supreme Court

Decided on: Jun-23-1975

..... to present testimony free from the legitimate demands of the adversarial system one cannot invoke the sixth amendment as a justification ..... himself a prior inconsistent statement in the possession of his adversary however when sought for evidentiary purposes i e to impeach ..... that such prior statement would be disclosable only if the adversary established its evidentiary value ahead of time by specific .....

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Dec 10 1991 (FN)

Ardestani Vs. Ins

Court: US Supreme Court

Decided on: Dec-10-1991

..... counselor otherwise this provision establishes a definition for both components of the term adversary adjudication the reference to representation of the government s position by counselor otherwise ..... governmental excesses id at 12 congress description of the scope of adversary adjudication focuses on the adversariness requirement the presence or absence of government representation rather than on .....

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Jun 23 2008 (FN)

Rothgery Vs. Gillespie County

Court: US Supreme Court

Decided on: Jun-23-2008

..... gilbert attaches only to corporeal identifications conducted at or after the initiation of adversary judicial criminal proceedings whether by way of formal charge preliminary hearing indictment information ..... criminal offense id at 684 kirby gave five examples of events that initiate adversary judicial criminal proceedings formal charge preliminary hearing indictment information and arraignment none .....

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Jun 21 1973 (FN)

United States Vs. Ash

Court: US Supreme Court

Decided on: Jun-21-1973

..... uncounseled accused could not hope to obtain so much benefit as could his skilled adversary the analogy between the unrepresented accused at the pretrial confrontation and the unrepresented ..... lineup constituted a trial like confrontation requiring the assistance of counsel to preserve the adversary process by compensating for advantages of the prosecuting authorities the above discussion of wade .....

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Jun 24 1988 (FN)

Patterson Vs. Illinois

Court: US Supreme Court

Decided on: Jun-24-1988

..... postindictment questioning the state s decision to take an additional step and commence formal adversarial proceedings against the accused does not substantially increase the value of counsel to the ..... court has used strong language to emphasize the significance of the formal commencement of adversary proceedings such language has been employed to explain decisions denying the defendant the benefit .....

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Jun 12 1989 (FN)

Sullivan Vs. Hudson

Court: US Supreme Court

Decided on: Jun-12-1989

..... expressio unius est exclusio alterius the express congressional authorization for recovery of fees in adversary agency adjudications coupled with the lack of authorization for recovery of fees in ..... itself in certain ways when congress carved the world of eaja proceedings into adversary agency adjudications and civil actions excluding nonadversary agency adjudications it meant that nonadversary .....

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May 17 2004 (FN)

Tennessee Student Assistance Corporation Vs. Hood

Court: US Supreme Court

Decided on: May-17-2004

..... federal maritime comm n altogether its reasoning applies to this case the similarities between adversary proceedings in bankruptcy and federal civil litigation are striking indeed the federal rules of ..... must comply with the federal rules for civil litigation rule 7010 likewise discovery in adversary proceedings largely mirrors discovery in federal civil litigation federal maritime comm n supra at .....

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1871

Armstrong Vs. Morrill

Court: US Supreme Court

Decided on: Jan-01-1871

..... the commonwealth herein i think was clear error plainly had there been no forfeiture the adversary possession of the defendants kept up continuously during fourteen years would have protected them ..... subject to statutes of limitation unless expressly named the defendants here are not asserting their adversary possession against the state the controversy is between them and one claiming under the .....

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May 14 1984 (FN)

United States Vs. Cronic

Court: US Supreme Court

Decided on: May-14-1984

..... reasonable competence it did not indicate that there had been an actual breakdown of the adversarial process during a trial instead it concluded that the circumstances surrounding the representation of ..... accused to require the prosecution s case to survive the crucible of meaningful adversarial testing when a true adversarial criminal trial has been conducted even if defense counsel may have made .....

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