Equipoise - Judgment Search Results

Kansas Vs. Marsh

Court: US Supreme Court

..... by directing imposition of the death penalty when aggravating and mitigating circumstances are in equipoise agreeing the kansas supreme court concluded that 21 4624 e s weighing equation violated ..... do not outweigh aggravators including where the aggravating circumstances and mitigating circumstances are in equipoise iv a even if as marsh contends walton does not directly control the general .....

Mitchell Vs. Helms

Court: US Supreme Court

..... in a descriptive sense to refer to those aid programs characterized by the requisite equipoise between support of religion and antagonism to religion justice souter s discussion convincingly demonstrates ..... remaining religiously neutral the court began to employ neutrality in a sense different from equipoise however as it explicated the distinction between religious and secular benefits to religious .....

Medina Vs. California

Court: US Supreme Court

..... only in a narrow class of cases where the evidence is in equipoise that is where the evidence that a defendant is competent is ..... range of cases where the factfinder will conclude the evidence is in equipoise the court however dismisses this concern on grounds that d ue ..... in the narrow class of cases where the evidence is in equipoise the state can reasonably expect that it will speedily be able .....

Gonzales Vs. O Centro Espírita Beneficente União Do Vegetal

Court: US Supreme Court

..... hoasca pp 6 19 1 this court rejects the government s argument that evidentiary equipoise as to potential harm and diversion is an insufficient basis for a preliminary injunction ..... evidence submitted on these issues was evenly balanced instead the government maintains that such evidentiary equipoise is an insufficient basis for issuing a preliminary injunction against enforcement of the controlled .....

Schaffer Vs. Weast

Court: US Supreme Court

..... pending the alj reconsidered the case deemed the evidence truly in equipoise and ruled in favor of the parents the fourth circuit ..... education in truth however very few cases will be in evidentiary equipoise assigning the burden of persuasion to school districts might encourage ..... him was that rara avis a case of perfect evidentiary equipoise hence we must infer from congress silence and from the .....

O'Neal Vs. McAninch

Court: US Supreme Court

..... matter is so evenly balanced that he feels himself in virtual equipoise as to the harmlessness of the error we conclude that the ..... a judge after a thorough review of the record remains in equipoise see ante at 435 the rule has such limited application that ..... doubt rule is telling cases in which habeas courts are in equipoise on the issue of harmlessness are astonishingly rare though the question .....

Gurleen Kaur and ors. Vs. State of Punjab and ors.

Court: Punjab and Haryana

Reported in: AIR2009NOC2988(F.B)(P&H)

..... grace sehaj in sikhism according to him refers to a state of mental and spiritual equipoise without the least intrusion of ego unshaken natural and effortless serenity attained through spiritual ..... underneath remains unruffled this is how according to shri pavit singh mattewal sehaj epitomises mental equipoise in which all turbulence of emotions is calmed while the egocentrics abide in doubt .....

Wilson Vs. Omaha Indian Tribe

Court: US Supreme Court

..... law of accretion and avulsion to the evidence the evidence was in equipoise and thus under 194 judgment must be entered for the tribe ..... the law to the evidence and found that the evidence was in equipoise because 194 placed the burden of proof on the non indians ..... state therefore they the petitioners should prevail if the evidence is in equipoise the term burden of proof may well be an ambiguous term .....

Sm. Anima Roy Vs. Probodh Mohan Roy

Court: Kolkata

Reported in: AIR1969Cal304,73CWN100

..... not the point on the merits of the case the point is the sanity and equipoise of the appellant anima of which one judge was satisfied in september 1963 another judge ..... and we are satisfied in september 1968 does not by itself prove her sanity and equipoise on july 3 1960 and thereabouts by parity of reasoning her insanity as testified to .....

Granfinanciera, S.A. Vs. Nordberg

Court: US Supreme Court

..... 1791 footnote 2 9 page 492 u s 87 with the historical evidence thus in equipoise and with the nature of the relief sought here not dispositive either see n 8 ..... plenary proceedings were assigned under the 1898 bankruptcy act with the historical evidence thus in equipoise ante at 492 u s 87 white j dissenting but with schoenthal weighing on the .....