“Paragon’s argument does have a degree of merit – terms like ‘operate[ ]’ and ‘provider’ suggest that one should look to whether a group of attributes making up the institution have changed such that the SNF may be described as ...Read More »
“The Kendallville ordinance affirmatively violates a requirement set out in sec. 20106, which as we said requires that the state law, regulation, or order not place an unreasonable burden on interstate commerce. To uphold enforcement of the ordinance would do ...
Tagged with: TransportationRead More »
“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...Read More »
“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...Read More »
“When one contemplates the circumstances of this case, it is difficult to find misconduct in connection with Garnati’s actions… [T]he prosecutor was shown a copy of the note dated April 6 and was told by a confident Mrs. Misselhorn that ...Read More »
“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding ...Read More »
“[In Moragne, we] declared a new rule of maritime law: ‘We … hold that an action does lie under general maritime law for death caused by violation of maritime duties.’ Id., at 409, 90 S.Ct. 1772. “As we have noted ...Read More »