United States Reports: Cases Adjudged in the Supreme Court, Том 437U.S. Government Printing Office, 1980 |
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Страница 1
... Amendment precludes a second trial once the review- ing court has found the evidence insufficient to sustain the jury's verdict of guilty , and the only " just " remedy available for that court under 28 U. S. C. § 2106 is the entry of a ...
... Amendment precludes a second trial once the review- ing court has found the evidence insufficient to sustain the jury's verdict of guilty , and the only " just " remedy available for that court under 28 U. S. C. § 2106 is the entry of a ...
Страница 5
... trial court committed error by excluding prosecution evidence which , if received , would have rebutted any claim of evidentiary insufficiency . Opinion of the Court 437 U.S. Fifth Amendment . Therefore BURKS v . UNITED STATES 5.
... trial court committed error by excluding prosecution evidence which , if received , would have rebutted any claim of evidentiary insufficiency . Opinion of the Court 437 U.S. Fifth Amendment . Therefore BURKS v . UNITED STATES 5.
Страница 6
... Amendment . Therefore , he maintains , it makes no difference that the determination of evidentiary insufficiency was made by a reviewing court since the double jeopardy considerations are the same , regardless of which court decides ...
... Amendment . Therefore , he maintains , it makes no difference that the determination of evidentiary insufficiency was made by a reviewing court since the double jeopardy considerations are the same , regardless of which court decides ...
Страница 28
... Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment . Hence , a Montana statute pro- viding that jeopardy does not attach until the first witness is sworn cannot constitutionally be ...
... Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment . Hence , a Montana statute pro- viding that jeopardy does not attach until the first witness is sworn cannot constitutionally be ...
Страница 30
... amendment . Returning to the trial court , the prosecution then asked the trial judge to dismiss the entire information so that a new one could be filed . That motion was granted , and the jury was dismissed . A new information was then ...
... amendment . Returning to the trial court , the prosecution then asked the trial judge to dismiss the entire information so that a new one could be filed . That motion was granted , and the jury was dismissed . A new information was then ...
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Чести термини и фразе
action Alaska alleged amicus curiae ancillary jurisdiction apply appropriate argued the cause Attorney authority award BLACKMUN Board BRENNAN Certiorari Certiorari denied Choctaws Circuit claim Comm'n Commerce Clause concluded concurring Cong Congress constitutional conviction Corp Court of Appeals criminal decision defendant determination disclosure discrimination dismissal dissenting 437 U.S. District Court Double Jeopardy Clause Eleventh Amendment employees enacted Endangered Species Act enforcement evidence Exemption fact federal courts filed Fong Foo formula Government granted hyphenates income Indian indictment interest Iowa issue Judge judgment of acquittal jurisdiction jury JUSTICE legislative litigation Maryland ment Mincey Mississippi motion NLRB numbers offense out-of-state patent petitioner petitioner's plaintiff POWELL proceedings prohibit prosecution protection purpose question reason REHNQUIST remand respondent respondent's retail reversed Robinson-Patman Act rule Senate snail darter Stat statements statute statutory Supp supra Tellico Tellico Dam tion U. S. App unfair labor practice union United violation
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Страница 561 - Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities...
Страница 349 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.
Страница 219 - Executive order, (2) related solely to the internal personnel rules and practices of an agency; (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld...
Страница 322 - ... the running of the statute of limitations in respect of every private right of action arising under said laws and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof...
Страница 315 - For the purpose of ascertaining the correctness of any return, making a return where none has been made, determining the liability of any person for any internal revenue tax or the liability at law or in equity of any transferee or fiduciary of any person in respect of any internal revenue tax, or collecting any such liability...
Страница 45 - [t]he underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.
Страница 221 - ... (7) Investigatory records compiled for law enforcement purposes but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency...
Страница 299 - To summon the person liable for tax or required to perform the act, or any officer or employee of such person, or any person having possession, custody, or care of books of account containing entries relating to the business of the person liable for tax or required to perform the act, or any other person...
Страница 220 - ... (8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) geological and geophysical information and data, including maps, concerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.
Страница 118 - ... (b) Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the commission is authorized to issue an order terminating the discrimination: Provided, however, That nothing herein contained shall prevent...