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Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.
Crawford v. Washington, 541 U.S. 36 (2004) The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.
As early as 1927, the California Real Estate Association (the eventual sponsor of Proposition 14) began to advise its membership in ways to keep California communities all white. [5] This was part of a decades-long campaign by real estate interests to undercut the rights of minority groups in regard to housing facilities in California. [5]
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in Pennsylvania Coal v.
A Drug Enforcement Administration (DEA) judge canceled an upcoming hearing on the Biden administration’s marijuana rescheduling proposal pending appeals, effectively kicking the process to the ...
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
The U.S. government cannot ban people convicted of non-violent crimes from possessing guns, a federal appeals court ruled on Tuesday. The 11-4 ruling from the Philadelphia-based 3rd U.S. Circuit ...