Factfinding - Year 2007 - Judgments

Jan 22 2007 (FN)

Cunningham Vs. California

Court: US Supreme Court

Decided on: Jan-22-2007

..... california courts have not read this language to unmoor circumstances in aggravation from any factfinding anchor in line with the rules the california supreme court has repeatedly referred ..... we examined the sixth amendment s historical and doctrinal foundations and recognized that judicial factfinding operating to increase a defendant s otherwise maximum punishment posed a grave constitutional .....

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Jun 21 2007 (FN)

Rita Vs. United States

Court: US Supreme Court

Decided on: Jun-21-2007

..... presumption reflect strong judicial deference of the kind that leads appeals courts to grant greater factfinding leeway to an expert agency than to a district judge rather the presumption reflects ..... district judge faced with evidence supporting a high subrange guidelines sentence will do the appropriate factfinding in disparagement of the jury right and will sentence within the high subrange this .....

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Dec 10 2007 (FN)

Gall Vs. United States

Court: US Supreme Court

Decided on: Dec-10-2007

..... trial judges the discretion to sentence within a specified range not only permits judicial factfinding that may increase a sentence such a system also gives individual judges discretion to ..... undid this congressional choice in curing the sentencing reform act s perceived defect regarding judicial factfinding booker restored to the district courts at least a measure of the policymaking authority .....

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Jan 22 2007 (FN)

Osborn Vs. Haley

Court: US Supreme Court

Decided on: Jan-22-2007

..... to this extent we recognize that judges have a greater factfinding role in westfall act cases than they traditionally have in ..... 1985 emphasis added special immunity related procedures focus not upon factfinding but upon the proper legal characterization of the facts as ..... employee i would permit judges to fulfill this rather extraordinary factfinding function only in those cases where the injury or loss .....

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Feb 28 2007 (FN)

Whorton Vs. Bockting

Court: US Supreme Court

Decided on: Feb-28-2007

..... of court statements crawford is more restrictive than roberts which may improve the accuracy of factfinding in some criminal cases but whatever improvement in reliability crawford produced must be considered ..... question is not whether crawford resulted in some net improvement in the accuracy of factfinding in criminal cases but as the dissent below noted whether testimony admissible under roberts .....

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Apr 18 2007 (FN)

James Vs. United States

Court: US Supreme Court

Decided on: Apr-18-2007

..... pp 18 20 d because the court is here engaging in statutory interpretation not judicial factfinding james argument that construing attempted burglary as a violent felony raises sixth amendment issues under ..... under 924 e 2 b ii the court is engaging in statutory interpretation not judicial factfinding indeed by applying taylor s categorical approach we have avoided any inquiry into the underlying .....

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Jun 28 2007 (FN)

LeegIn Creative Leather Products, Inc. Vs. Psks, Inc.

Court: US Supreme Court

Decided on: Jun-28-2007

..... practice restrains trade in violation of 1 is the rule of reason which requires the factfinder to weigh all of the circumstances continental t v inc v gte sylvania inc 433 ..... restrains trade in violation of 1 see texaco supra at 5 under this rule the factfinder weighs all of the circumstances of a case in deciding whether a restrictive practice should .....

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Apr 30 2007 (FN)

KSR Int'l Co. Vs. Teleflex Inc.

Court: US Supreme Court

Decided on: Apr-30-2007

..... conclusion from the risk of courts and patent examiners falling prey to hindsight bias a factfinder should be aware of course of the distortion caused by hindsight bias and must be ..... mfg supply co 332 f 2d 406 412 ca6 1964 rigid preventative rules that deny factfinders recourse to common sense however are neither necessary under our case law nor consistent with .....

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Jun 25 2007 (FN)

Wilkie Vs. Robbins

Court: US Supreme Court

Decided on: Jun-25-2007

..... devising a too much standard that could guide an employee s conduct and a judicial factfinder s conclusion footnote 11 the point here is not to deny that government employees sometimes ..... initiative on the part of the government s employees ibid congress may inform itself through factfinding procedures such as hearings that are not available to the courts cf harlow v fitzgerald .....

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Dec 04 2007 (FN)

Csx Transp., Inc. Vs. Georgia State Bd. of Equalizatio

Court: US Supreme Court

Decided on: Dec-04-2007

..... between method and application in the act s language and no passage limiting district court factfinding as the state proposes georgia s position is untenable given the way market value is ..... and application in the language of the act and see no passage limiting district court factfinding in the manner the state proposes the total lack of textual support for georgia s .....

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