Predicate - Judgment Search Results

Kansas Vs. Hendricks

Court: US Supreme Court

..... substantive due process requirement that involuntary civil commitment must be predicated on a mental illness finding it did not address hendricks ..... substantive due process requirement that involuntary civil commitment must be predicated on a finding of mental illness in re hendricks ..... he contends that where as here newly enacted punishment is predicated upon past conduct for which he has already been .....

Rutledge Vs. United States

Court: US Supreme Court

..... two punishments could not be imposed because rape and felony murder predicated on the rape were the same offense brown v ohio 432 ..... cce violation even though he had previously pleaded guilty to a predicate crime of importing marijuana ibid that holding however merely adhered to ..... conspiracy like crimes and the substantive offenses upon which they are predicated see e g united states v felix 503 u s 378 .....

United States Vs. Ursery

Court: US Supreme Court

..... of a drug trafficking or other offense but the purpose of this predicate showing is just to establish that the property was used in ..... government s authority to seize it under the controlling statute an essential predicate for the forfeiture was proof that respondent 15 long ago the ..... way section 881 a 7 incorporates the criminal offense itself as the predicate for the forfeiture see 21 u s c 881 a 7 .....

Matsushita Elec. Industrial Co. Vs. Epstein

Court: US Supreme Court

..... extinguish exclusively federal claims only if federal and state claims rest on the identical factual predicate the ninth circuit concluded could a state court settlement subsume an exclusively federal claim it ..... endeavor to forecast delaware preclusion law the court appears to have blended the identical factual predicate test applied by the delaware supreme court in nottingham partners v dana 564 a .....

Medtronic, Inc. Vs. Lohr

Court: US Supreme Court

..... statements made in advertisements were not pre empted because they were predicated not on a duty based on smoking and health but ..... and enforce specific federal requirements the legal duty that is the predicate for the lohrs negligent manufacturing claim is the general duty ..... due care to avoid foreseeable dangers in its products similarly the predicate for the failure to warn claim is the general duty .....

Norfolk and Western R. Co. Vs. Hiles

Court: US Supreme Court

..... requiring the use of standardized automatic couplers saa liability may be predicated on the failure of coupling equipment to perform as required ..... he was adjusting liability in each of these cases was predicated on the failure of coupling equipment to perform as required ..... failed to hold because it was improperly set in affolder we predicated failure to perform liability on placing the coupler in a .....

Commissioner of Income-tax Vs. P.N. Srinivasa Rao and ors. and S. Padm ...

Court: Kerala

Reported in: [1998]232ITR730(Ker)

..... any support because it is axiomatic that no individual member of any joint family can predicate because the interest in the coparcenary is of a fluctuating character and it is not ..... predicable in a precise manner such an interest is capable of being enlarged by the exit .....

Koon Vs. United States

Court: US Supreme Court

..... involved in both cases while such a facial showing resulting from the identity of factual predicates for the state and federal prosecutions might in some cases be overcome by demonstrating say ..... downward departure if a comparison of state and federal verdicts in relation to their factual predicates indicates no incongruity a downward departure at federal sentencing could well be consistent with an .....

United States Vs. Gonzales

Court: US Supreme Court

..... held that prosecution and enhanced sentencing under 924 c is simply not permissible where the predicate felony statute contains its own enhancement provision irrespective of whether the government had actually sought ..... an enhancement under that predicate statute id at 404 see also simpson v united states 435 u s 6 15 .....

State of Orissa Vs. Michel Joseph and 24 ors.

Court: Orissa

Reported in: 1996(II)OLR195

..... would falsify the prosecution evidence or any other similar circumstances which it is difficult to predicate as they are dependent entirely on the facts and circumstances of each case nonetheless it .....