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Topic: Petitioner


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In the News (Thu 24 Dec 09)

  
  PETITIONER MUMIA ABU-JAMAL'S RESPONSE
Petitioner had placed his full faith and trust in them and had no reason to know or suspect that all of their conduct and all of their advice to him was tainted and poisoned by their undisclosed conflicts of interest.
Petitioner most certainly does assert that he was prevented from testifying during the original PCRA proceedings because he followed the advice of his prior attorneys and that (although he was unaware of this until after May 4, 2001) the reason why they blocked him from testifying was because of their conflicts of interest.
Petitioner was unaware (and could never have been aware) that Weinglass and Williams were acting in bad faith and that their failure to present his defense case was a deliberate act on their part, which stemmed from their conflict of interest, and that they were not acting in his best interests at all.
www.iacenter.org /polprisoners/maj_resdembe1.htm   (6290 words)

  
 Piscataway Township Board of EDUCATION, PETITIONER V. SHARON TAXMAN
The court noted that petitioner's "sole purpose in applying its affirmative action policy * * * was to obtain an educational benefit," and that petitioner's policy was not adopted " to remedy past discrimination or as the result of a manifest imbalance in the employment of minorities." Id.
Petitioner's layoff decision therefore unnecessarily trammelled respondent's interests in violation of Title VII, and the judgment upholding the award to respondent of monetary relief should be affirmed on that ground.
Petitioner therefore failed to satisfy both the Constitution's narrow tailoring requirement and the parallel requirement in Title VII that a race-conscious employment decision may not unnecessarily trammel the interests of those affected by the decision.
www.usdoj.gov /crt/briefs/pisc.htm   (7153 words)

  
 SCJC No. 64: In the Matter of Honorable Joseph J. Cerbone, Justice of the Mount Kisco Town Court, Westchester County, ...   (Site not responding. Last check: 2007-11-05)
The Commission decided that petitioner should be removed from office because of (1) conduct as an attorney in converting funds from an escrow account and (2) conduct as a Judge which, the Commission found, was intended to retaliate against the Westchester County District Attorney for making a previous complaint to the Commission about petitioner.
Petitioner points out that we have sometimes rejected the sanction of removal where we found misconduct to be based on failings of judgment rather than on more profound flaws of character.
Petitioner responds that in Boulanger, Tamsen and Embser there was an element of "venality," which the Appellate Division, in suspending petitioner from the practice of law for one year, found to be absent here.
www.law.cornell.edu /nyctap/I04_0078.htm   (1379 words)

  
 Lloyd SCHLUP, Petitioner,
Herrera, petitioner's claim was evaluated on the assumption that the trial that resulted in his conviction had been error free.
Herrera (on the assumption that petitioner's claim was, in principle, legally well founded), the evidence of innocence would have had to be strong enough to make his execution "constitutionally intolerable" even if his conviction was the product of a fair trial.
Carrier standard requires the habeas petitioner to show that "a constitutional violation has probably resulted in the conviction of one who is actually innocent.” To establish the requisite probability, the petitioner must show that it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence.
www.law.wayne.edu /Faculty/Fac_web/moran/schlup.htm   (5455 words)

  
 Ethics Opinion 321: Communications Between Domestic Violence Petitioner and Counsel for Respondent in a Privately ...
In the course of that representation, the lawyer learned that the petitioner had agreed to the interview with the investigator because she believed that the investigator was a person “from the court” who was sympathetic and could help her in convincing the respondent to stay away from her.
The petitioner likewise believed that she was required to sign the papers the investigator presented to her, because the investigator had told her that she “needed” to sign the papers so that the investigator could obtain these records.
Whether an investigator “reasonably should know” that a petitioner misunderstands her role must be inferred from all of the circumstances, including the level of sophistication of the unrepresented person and the nature of the proceedings at issue.
www.dcbar.org /for_lawyers/ethics/legal_ethics/opinions/opinion321.cfm   (3562 words)

  
 AKOS SWIERKIEWICZ, PETITIONER v
Petitioner was initially employed in the position of senior vice president and chief underwriting officer (CUO).
In the Court of Appeals view, petitioner was thus required to allege in his complaint: (1) membership in a protected group; (2) qualification for the job in question; (3) an adverse employment action; and (4) circumstances that support an inference of discrimination.
Petitioner alleged that he had been terminated on account of his national origin in violation of Title VII and on account of his age in violation of the ADEA.
www.law.umkc.edu /faculty/Profiles/Berman/AKOSvSorma.htm   (2144 words)

  
 RESPONSE TO RESPONDENTS' OPPOSITION TO PETITIONER'S MOTION TO TAKE DEPOSITION OF ARNOLD BEVERLY
Although the Petitioner is innocent, he was convicted of this offense and is under a sentence of death.
It is a rare habeas petitioner who is able to come before the United States District Court with a full blown confession from the true perpetrator of the offense of which the Petitioner was convicted and which proves that the Petitioner is innocent.
Thompson, 501 U.S. 722, 750 (1991)) to relieve Petitioner of the "procedural default" argued by the District Attorney and the Commonwealth.
www.refuseandresist.org /mumia/2001/061101replytoburns.html   (2448 words)

  
 Illinois v. Rodriguez, Petitioner's Brief
  Petitioner again maintained that Gale Fisher not only possessed the actual authority to consent to the police entry but that even if she lacked actual authority to consent, the police officers reasonably relied on her apparent authority to consent to the entry.
FN2 In using the term good faith in this section, petitioner is not referring to the good-faith exception to the exclusionary rule that was announced in United States v.
Petitioner's main contention is that since the Fourth Amendment provides for apparent authority to consent, respondent's Fourth Amendment rights have not been violated and thus, the exclusionary rule is inapplicable.
www.soc.umn.edu /~samaha/cases/illinois_v_rodriguez_petitioner.html   (6491 words)

  
 MARSHALL CAIFANO, PETITIONER V. UNITED STATES OF AMERICA (DOJ Brief)
Petitioner was convicted for his involvement in a scheme to
petitioner filed a motion in the district court, pursuant to 28 U.S.C. 2255, to vacate his conviction and sentence.
In December 1972, petitioner was released from the Atlanta Federal
www.ipsn.org /court_cases/marshall_caifano_petitioner_v.htm   (3194 words)

  
 demandante - petitioner (Spanish to English translation glossary) Law/Patents
Yet this seemingly cannot be the case, for \"promovida\" clearly refers to the female party (labeled as \"demandante\" or \"petitioner\" at head of document) in the case.
I am suggesting that \"demandante\" does not have to equal \"promovente\" and that \"plaintiff\" does not have to always be the same as \"petitioner\".
Because the petitioner may be responding to the original plaintiff and thus become the petitioner while
www.proz.com /?sp=h&id=572940   (691 words)

  
 PETITIONER’S MOTION FOR
Case No. 95-0497 (association’s failure to copy certain letters that petitioner believed existed but could not find did not result in a violation where the petitioner did not prove that the letters existed); Arb.
Case No. 00-1039, (‘[Where] the undisputed fact is that the association does not have the current insurance policy within its possession, and there has been no allegation or indication that the association is intentionally or deceptively withholding the insurance policy...
The Arbitrator has overlooked the fact that the Petitioner, who is not an attorney and has not filed previously a petition for arbitration, relied on the Arbitrator’s quoted words aforementioned to file the Petitioner’s AMENDED PETITION.
www.ccfj.net /conmotion.htm   (1865 words)

  
 Petitioner - Wex   (Site not responding. Last check: 2007-11-05)
The petitioner is the party who presents a petition to the court.
On appeal, the petitioner can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings.
This page was last modified 17:38, 27 Oct 2005 by LII Editor.
www4.law.cornell.edu /wex/index.php/Petitioner   (68 words)

  
 Docket for 03-1500 (via CobWeb/3.1 planet1.scs.cs.nyu.edu)   (Site not responding. Last check: 2007-11-05)
Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including December 13, 2004.
Letter from counsel for petitioner giving blanket consent to the filing of amicus curiae briefs.
Letter of February 25, 2005, from counsel for petitioner objecting to proposed lodgings received.
www.supremecourtus.gov.cob-web.org:8888 /docket/03-1500.htm   (829 words)

  
 The Scottish Parliament e-Petitions: About e-Petitions
This is the same information required for a paper petition.
Your details will only be used by the PPC and the International Teledemocracy Centre (ITC) who host the e-Petitions System, unless you have given permission for your details to be passed on to the principal petitioner.
Your details will not be used for any purposes other than e-Petitioner, unless you have expressly given permission otherwise.
epetitions.scottish.parliament.uk   (598 words)

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