Untimely - Judgment Search Results

Suo Motu Writ Petition on the Reports Published in Various Marathi New ...

Court: Mumbai

Reported in: 2006(6)MhLj511

orderr m lodha j 1 in continuation of various affidavits filed on behalf of the state government and the directions...

Sebelius Vs. Cloer

Court: US Supreme Court

..... s two additional lines of argument for barring the award of attorney s fees for untimely petitions are unpersuasive first the canon of construction favoring strict construction of waivers of sovereign ..... federal register if the ncvia s limitations provision worked to void the filing of an untimely petition then one would expect the secretary to make timeliness determinations prior to publishing such .....

Pace Vs. Diguglielmo

Court: US Supreme Court

..... is useful to explain why the state court ultimately found pace s application to be untimely ii pace filed the application in question his second request for state postconviction review pro ..... on the incorrect assumption that the phrase properly filed has no meaningful content unless all untimely petitions are by definition improper the reason that assumption is wrong is because any claim .....

Evans Vs. Chavis

Court: US Supreme Court

..... that the california supreme court found respondent s second habeas petition to have been untimely filed given this finding by the state supreme court the ninth circuit clearly erred although ..... not pending during that 3 year interval consequently respondent s federal habeas petition was also untimely and should have been denied accordingly despite my profound disagreement with the reasoning in the .....

Carlisle Vs. United States

Court: US Supreme Court

..... precedential support for his argument that the inability of a district court to grant an untimely postverdict motion for judgment of acquittal violates the fifth amendment and we decline to ..... criminal procedure is misplaced although rule 45 generally permits a district court to hear an untimely motion if the defendant can demonstrate that excusable neglect caused the late filing it specifically .....

Day Vs. Mcdonough

Court: US Supreme Court

..... federal court lacks authority on its own initiative to dismiss a habeas petition as untimely once the state has answered the petition without contesting its timeliness ordinarily in civil litigation ..... utterly misplaced nothing in our tradition of refusing to dismiss habeas petitions as untimely justifies the court s decision to beef up the presumptively forfeitable limitations period of 2244 .....

Coleman Vs. Thompson

Court: US Supreme Court

..... that the virginia supreme court dismissed his state habeas appeal as untimely applying a state procedural rule brief for petitioner 9 he ..... appeal of a state prisoner in federal habeas was barred because untimely under federal rule appellate procedure 4 a in describing the ..... summary order the majority must consider coleman s argument that the untimely filing of his notice of appeal was the result of .....

Lujan Vs. Nat'l Wildlife Fed'n

Court: US Supreme Court

..... additional member affidavits pertaining to the issue of standing the district court rejected them as untimely vacated the injunction and granted the rule 56 motion to dismiss it noted that ..... has submitted additional evidentiary material including declarations from four of its members these submissions are untimely and in violation of our order we decline to consider them see federal defendants reply .....

Browder Vs. Director, Dept. of Corrections

Court: US Supreme Court

..... s discharge from respondent s custody because respondent s appeal was untimely in order to resolve this question we must consider the ..... an evidentiary hearing should not be denied solely because it is untimely footnote 4 app 120 petitioner moved immediately to vacate the ..... effect respondent seeks to avoid the conclusion that his motion was untimely under the civil rules and therefore did not toll the .....

Allen Vs. Siebert

Court: US Supreme Court

..... petition for postconviction relief in alabama state court the state courts denied the petition as untimely however because it was filed approximately three months after the expiration of the then ..... operate as affirmative defenses can even arguably provide a reasonable basis for concluding that an untimely petition has not been properly filed within the meaning of the antiterrorism and effective .....