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There was no error. We recognize that references to a defendant's alias (or nickname) by the prosecution can be prejudicial because "[a]liases can be suggestive of bad character and prior criminality, and therefore raise a possibility that the jury will improperly consider criminal propensity." | {
"signal": "see",
"identifier": "442 Mass. 1002, 1003",
"parenthetical": "prosecution's repeated, gratuitous use of defendant's alias, including comment in closing argument, \"How can you trust somebody who has two names at the outset?\" was improper and required reversal of defendant's conviction",
"sentence": "See Commonwealth v. Martin, 442 Mass. 1002, 1003 (2004) (prosecution’s repeated, gratuitous use of defendant’s alias, including comment in closing argument, “How can you trust somebody who has two names at the outset?” was improper and required reversal of defendant’s conviction)."
} | {
"signal": "no signal",
"identifier": "423 Mass. 506, 514-515",
"parenthetical": "prosecution's repeated use of defendant's alias, \"Kilo,\" in murder case where drug dealing was at issue was improper, but in light of other evidence did not require reversal of defendant's conviction",
"sentence": "Commonwealth v. Carter, 423 Mass. 506, 514-515 (1996) (prosecution’s repeated use of defendant’s alias, “Kilo,” in murder case where drug dealing was at issue was improper, but in light of other evidence did not require reversal of defendant’s conviction)."
} | 4,270,579 | b |
And we conclude, contrary to CDOT's view, that "context" does not refer to circumstances that could arise if CDOT were required to obtain permits from local governments. Instead, context refers only to pertinent statutory language-the text of the AASIA and related statutes. | {
"signal": "see",
"identifier": "820 P.2d 1124, 1128",
"parenthetical": "the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | {
"signal": "see also",
"identifier": "506 U.S. 194, 199-200",
"parenthetical": "\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\"",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | 12,254,165 | a |
And we conclude, contrary to CDOT's view, that "context" does not refer to circumstances that could arise if CDOT were required to obtain permits from local governments. Instead, context refers only to pertinent statutory language-the text of the AASIA and related statutes. | {
"signal": "see",
"identifier": "820 P.2d 1124, 1128",
"parenthetical": "the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\"",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | 12,254,165 | a |
And we conclude, contrary to CDOT's view, that "context" does not refer to circumstances that could arise if CDOT were required to obtain permits from local governments. Instead, context refers only to pertinent statutory language-the text of the AASIA and related statutes. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\"",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | {
"signal": "see",
"identifier": "820 P.2d 1124, 1128",
"parenthetical": "the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute",
"sentence": "See Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124, 1128 (Colo.App.1991) (the phrase, \"unless the context otherwise requires,\" refers not to the factual context of a particular transaction but to the language of the statute); see also Rowland v. Cal. Men's Colony, 506 U.S. 194, 199-200, 118 S.Ct. 716, 121 L.Ed.2d 656 (1993) (\" 'Context' here means the text of the Act of Congress surrounding the word at issue, or the texts of other related congressional Acts, and this is simply an instance of the word's ordinary meaning.\")."
} | 12,254,165 | b |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see also",
"identifier": "228 F.3d 729, 742",
"parenthetical": "holding that a collective bargaining agreement between school board and teachers union established a teachers' legitimate claim of entitlement to their positions at elementary school",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see",
"identifier": "470 U.S. 538, 538-39",
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | b |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": "470 U.S. 538, 538-39",
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": "844 F.2d 1268, 1272",
"parenthetical": "finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": "470 U.S. 538, 538-39",
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": "403 U.S. 207, 208",
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see",
"identifier": "470 U.S. 538, 538-39",
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | b |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": "470 U.S. 538, 538-39",
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": "228 F.3d 729, 742",
"parenthetical": "holding that a collective bargaining agreement between school board and teachers union established a teachers' legitimate claim of entitlement to their positions at elementary school",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": "844 F.2d 1268, 1272",
"parenthetical": "finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see also",
"identifier": "403 U.S. 207, 208",
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | b |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | b |
State law, contract, or a promise implied from circumstances, are generally sufficient to create a property interest protected by due process. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that due process also protected non-tenured public employees retained by the promise of continued employment",
"sentence": "See e.g., Loudermill, 470 U.S. at 538-39, 105 S.Ct. 1487 (finding that a state statute, permitting employee dismissal only for cause, created a property interest in continued employment); see also Leary v. Daeschner, 228 F.3d 729, 742 (6th Cir.2000) (holding that a collective bargaining agreement between school board and teachers union established a teachers’ legitimate claim of entitlement to their positions at elementary school); Ramsey v. Bd. of Educ., 844 F.2d 1268, 1272 (6th Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (holding that due process also protected non-tenured public employees retained by the promise of continued employment)."
} | 2,997,497 | a |
Sidestepping these cases, Airlog argues that the FAA's actions are not susceptible to policy analysis because they were based on objective scientific standards. | {
"signal": "see also",
"identifier": "864 F.2d 1497, 1504",
"parenthetical": "holding that the decision regarding the amount of dynamite that would be safe under the circumstances was \"governed by objective standards which the government must use due care in following\" and is not susceptible to policy analysis",
"sentence": "See Glacier Bay, 71 F.3d at 1453-54 (holding that “scientific hydrographic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception); Kennewick Irrigation Dist. v. United States, 880 F.2d 1018, 1031 (9th Cir.1989) (holding that the decision not to remove materials during canal construction “was based not on policy judgments but on technical, scientific, engineering considerations” and, thus, is not susceptible to policy considerations); see also Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989) (holding that the decision regarding the amount of dynamite that would be safe under the circumstances was “governed by objective standards which the government must use due care in following” and is not susceptible to policy analysis)."
} | {
"signal": "see",
"identifier": "71 F.3d 1453, 1453-54",
"parenthetical": "holding that \"scientific hydrographic judgment\" and \"purely scientific considerations\" do not involve policy considerations and are not protected by the discretionary function exception",
"sentence": "See Glacier Bay, 71 F.3d at 1453-54 (holding that “scientific hydrographic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception); Kennewick Irrigation Dist. v. United States, 880 F.2d 1018, 1031 (9th Cir.1989) (holding that the decision not to remove materials during canal construction “was based not on policy judgments but on technical, scientific, engineering considerations” and, thus, is not susceptible to policy considerations); see also Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989) (holding that the decision regarding the amount of dynamite that would be safe under the circumstances was “governed by objective standards which the government must use due care in following” and is not susceptible to policy analysis)."
} | 11,152,426 | b |
Sidestepping these cases, Airlog argues that the FAA's actions are not susceptible to policy analysis because they were based on objective scientific standards. | {
"signal": "see also",
"identifier": "864 F.2d 1497, 1504",
"parenthetical": "holding that the decision regarding the amount of dynamite that would be safe under the circumstances was \"governed by objective standards which the government must use due care in following\" and is not susceptible to policy analysis",
"sentence": "See Glacier Bay, 71 F.3d at 1453-54 (holding that “scientific hydrographic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception); Kennewick Irrigation Dist. v. United States, 880 F.2d 1018, 1031 (9th Cir.1989) (holding that the decision not to remove materials during canal construction “was based not on policy judgments but on technical, scientific, engineering considerations” and, thus, is not susceptible to policy considerations); see also Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989) (holding that the decision regarding the amount of dynamite that would be safe under the circumstances was “governed by objective standards which the government must use due care in following” and is not susceptible to policy analysis)."
} | {
"signal": "see",
"identifier": "880 F.2d 1018, 1031",
"parenthetical": "holding that the decision not to remove materials during canal construction \"was based not on policy judgments but on technical, scientific, engineering considerations\" and, thus, is not susceptible to policy considerations",
"sentence": "See Glacier Bay, 71 F.3d at 1453-54 (holding that “scientific hydrographic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception); Kennewick Irrigation Dist. v. United States, 880 F.2d 1018, 1031 (9th Cir.1989) (holding that the decision not to remove materials during canal construction “was based not on policy judgments but on technical, scientific, engineering considerations” and, thus, is not susceptible to policy considerations); see also Arizona Maintenance Co. v. United States, 864 F.2d 1497, 1504 (9th Cir.1989) (holding that the decision regarding the amount of dynamite that would be safe under the circumstances was “governed by objective standards which the government must use due care in following” and is not susceptible to policy analysis)."
} | 11,152,426 | b |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | 515,217 | a |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | 515,217 | a |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | 515,217 | b |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | 515,217 | b |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | 515,217 | a |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | 515,217 | b |
Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy",
"sentence": "See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities",
"sentence": "See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities)."
} | 515,217 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal for failure to raise a substantial federal question bars later action based on identical claim",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal of complaint for lack of jurisdiction bars later \"almost identical\" complaint",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "287 U.S. 156, 166",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal for failure to raise a substantial federal question bars later action based on identical claim",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": "53 S.Ct. 98, 101",
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal of complaint for lack of jurisdiction bars later \"almost identical\" complaint",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | 392,687 | a |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "collateral attack on judgment based on lack of jurisdiction barred by trial court's denial of motion to dismiss for lack of jurisdiction",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal for failure to raise a substantial federal question bars later action based on identical claim",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
Even if Baldovin is to be viewed as more comparable to a ruling on jurisdiction of the court, precedent indicates that the decision would stand as a bar to relitigation of the issue of jurisdiction. "The principles of res judicata apply to questions of jurisdiction as well as to other issues." | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissal of complaint for lack of jurisdiction bars later \"almost identical\" complaint",
"sentence": "See also Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963) (finding of jurisdictional facts by Nebraska court bars relitigation of same factual issues in Missouri court); Angel v. Bullington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832 (1947) (diversity action in federal court barred by previous action dismissed by state court for lack of jurisdiction); Jackson v. Irving Trust, 311 U.S. 494, 61 S.Ct. 326, 85 L.Ed. 297 (1941) (collateral attack on judgment based on lack of jurisdiction barred by trial court’s denial of motion to dismiss for lack of jurisdiction); Stuhl v. Tauro, 476 F.2d 233 (1st Cir. 1973) (dismissal for failure to raise a substantial federal question bars later action based on identical claim); Boone v. Kurtz, 617 F.2d 435 (5th Cir. 1980) (dismissal of complaint for lack of jurisdiction bars later “almost identical” complaint); 1B Moore’s Federal Practice ¶ 0.405[5] at 655."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected",
"sentence": "American Surety Co. v. Baldwin, 287 U.S. 156, 166, 53 S.Ct. 98, 101, 77 L.Ed. 231 (1932) (constitutional claim in federal court barred by previous state court action in which due process challenge to jurisdiction was raised and rejected)."
} | 392,687 | b |
In his complaint, Lay alleged that the prosecution was in fact terminated in his favor. We conclude that this argument was waived, and we therefore do not address it. | {
"signal": "see also",
"identifier": "150 Vt. 294, 297",
"parenthetical": "explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | {
"signal": "see",
"identifier": "170 Vt. 450, 459",
"parenthetical": "\"Contentions not raised or fairly presented to the trial court are not preserved for appeal.\"",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | 3,688,491 | b |
In his complaint, Lay alleged that the prosecution was in fact terminated in his favor. We conclude that this argument was waived, and we therefore do not address it. | {
"signal": "see also",
"identifier": "553 A.2d 1078, 1081",
"parenthetical": "explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | {
"signal": "see",
"identifier": "170 Vt. 450, 459",
"parenthetical": "\"Contentions not raised or fairly presented to the trial court are not preserved for appeal.\"",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | 3,688,491 | b |
In his complaint, Lay alleged that the prosecution was in fact terminated in his favor. We conclude that this argument was waived, and we therefore do not address it. | {
"signal": "see also",
"identifier": "150 Vt. 294, 297",
"parenthetical": "explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | {
"signal": "see",
"identifier": "752 A.2d 26, 33",
"parenthetical": "\"Contentions not raised or fairly presented to the trial court are not preserved for appeal.\"",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | 3,688,491 | b |
In his complaint, Lay alleged that the prosecution was in fact terminated in his favor. We conclude that this argument was waived, and we therefore do not address it. | {
"signal": "see also",
"identifier": "553 A.2d 1078, 1081",
"parenthetical": "explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | {
"signal": "see",
"identifier": "752 A.2d 26, 33",
"parenthetical": "\"Contentions not raised or fairly presented to the trial court are not preserved for appeal.\"",
"sentence": "See Bull v. Pinkham Eng’g Assocs., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) (“Contentions not raised or fairly presented to the trial court are not preserved for appeal.”); see also In re S.B.L., 150 Vt. 294, 297, 553 A.2d 1078, 1081 (1988) (explaining that appellant bears burden of demonstrating how the trial court erred warranting reversal, and Supreme Court will not comb the record searching for error); see also V.R.A.P. 28(a)(4) (stating that appellant’s brief should explain what the issues are, how they were preserved, and what appellant’s contentions are on appeal, “with citations to the authorities, statutes, and parts of the record relied on”)."
} | 3,688,491 | b |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "see",
"identifier": "902 F.2d 1098, 1104",
"parenthetical": "contempt involves maliciousness or lack of a good faith argument and belief that the party's actions were not in violation of a bankruptcy stay",
"sentence": "See [In re Crysen/Montenay Energy Co., 902 F.2d 1098, 1104 (2d Cir.1990)] (contempt involves maliciousness or lack of a good faith argument and belief that the party’s actions were not in violation of a bankruptcy stay); Fidelity Mortg."
} | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | a |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "no signal",
"identifier": "550 F.2d 47, 51, 57",
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requirements for relief",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | b |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requirements for relief",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | b |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requirements for relief",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | a |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requirements for relief",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | a |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "no signal",
"identifier": "889 F.2d 389, 394-95",
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | a |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | b |
For other debtors [who are not "individuals"], contempt proceedings are the proper means of compensation and punishment for willful violations of the automatic stay. | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under civil contempt powers for acts which bankruptcy judge found were done with “knowledge” of automatic stay and “deliberate[ ]” disregard of bankruptcy rules regarding requirements for relief), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977); Drywall Tapers, Local 1974 v. Local 530, 889 F.2d 389, 394-95 (2d Cir.1989) (knowledge of violation and terms of injunction required to hold party in civil contempt), cert. denied, [494] U.S. [1030], 110 S.Ct. 1478, 108 L.Ed.2d 615 (1990); see also In re First RepublicBank Corp., 113 B.R. at 279 (recognizing power of bankruptcy court under § 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay); In re Brilliant Glass, Inc., 99 B.R. [16] at 18 [ (Bankr.C.D.Cal.1988) ] (finding contempt an appropriate remedy for violation of the automatic stay where § 362(h) by its words only benefits individual debtors)."
} | 10,514,249 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": "463 U.S. 1049, 1049",
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "no signal",
"identifier": "463 U.S. 1049, 1049",
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "no signal",
"identifier": "463 U.S. 1049, 1049",
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "see",
"identifier": "788 F.2d 544, 553",
"parenthetical": "finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public's safety",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "no signal",
"identifier": "463 U.S. 1049, 1049",
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": "463 U.S. 1049, 1049",
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "see",
"identifier": "788 F.2d 544, 553",
"parenthetical": "finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public's safety",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger",
"sentence": "Long, 463 U.S. at 1049, 103 S.Ct. 3469 (protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger). Further, the search was reasonable as a goal of public safety as the FBI did not intend to keep Nishimura in custody at that time and wanted to avoid the possibility of providing Nishimura access to a weapon once beyond FBI supervision."
} | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "finding police officer's opening of car's trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | b |
An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." In the instant case, the agents' limited search for weapons was reasonable in order to ensure officer safety prior to Nishimura's access to her and Defendant's belongings. | {
"signal": "see",
"identifier": "788 F.2d 544, 553",
"parenthetical": "finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public's safety",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | {
"signal": "but see",
"identifier": "6 F.3d 673, 680",
"parenthetical": "finding search without warrant of arrest ed defendant's tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained",
"sentence": "See Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (finding police officer’s opening of car’s trunk without warrant did not violate Fourth Amendment because officer reasonably believed trunk contained gun, trunk was vulnerable to intrusion by vandals, and public might be endangered if intruder removed gun); United States v. Feldman, 788 F.2d 544, 553 (9th Cir.1986) (finding that inventory search of car done on-the-spot was lawful because officer reasonably suspected that car contained gun and search was reasonable to ensure the immediate protection of the public’s safety); but see United States v. Gooch, 6 F.3d 673, 680 (9th Cir.1993) (finding search without warrant of arrest ed defendant’s tent in which officers believed there was a firearm not justified by need to protect public because officers could have prevented children from entering tent until warrant was obtained)."
} | 4,016,666 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that although Miranda required the suppression of \"testimonial\" statements made before defendant was advised of his constitutional rights, \"the state court is free, of course, to consider this [harmless error] question upon remand.\"",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
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