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Heck v. Humphrey, 512 U.S. 477 (1994), was a landmark case in which the United States Supreme Court held that "in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a §1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal ...
One kind of interim court order is a temporary restraining order (TRO), to preserve the status quo. Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal.
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Principally, one may point to the fact that while there is a duty to consult, there is no corresponding right to be consulted on the part of Aboriginal peoples, and the fact that the courts have articulated the issue as a constitutional process rather than a principle of law.
In 2001, Nicole B. Simpson was just trying to make money at Morgan Stanley (MS), and she was doing a good job of it, pulling down six figures. She had a promising career in the financial services ...
One federal court has held that a state court must appoint counsel upon imposition of probation, regardless of whether a separate suspended sentence of incarceration is also imposed and regardless of whether counsel is provided for any subsequent probation revocation proceeding, [61] while others have held or suggested that if probation is ...