Taibu Grant appeals the District Court s denial of the habeas petition he filed under 28 U.S.C. 2254. We granted a certificate of appealability to allow Grant to appeal the District Court s rejection of his claim of prosecutorial misconduct without holding an evidentiary hearing and his claim...
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We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs. I A On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, we...
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Appellant Jos Manuel Zavala-Mart ("Zavala") challenges the life sentence he received for his role in a large-scale drug operation that sold heroin, crack, cocaine, and marijuana at a public housing project in Yabucoa, Puerto Rico. The second of forty-seven defendants charged in a ten-count super...
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Jeremiah W. Nixon, Chris Koster, James Corwin, and Colonel Ronald Replogle (the State Officials), and Colonel Tim Fitch and Robert P. McCulloch (the St. Louis County Officials) appeal the district court s August 25, 2011, order granting in part the plaintiffs motion for attorneys fees and gr...
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This is a class-action lawsuit alleging racial resegregation in the Nashville public school system. In July 2008, the Metropolitan Nashville Board of Public Education (the Board) adopted a new studentassignment plan generally referred to as the Rezoning Plan. The Rezoning Plan modified the student-a...
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Plaintiffs are a class of Medicaid beneficiaries who suffer from severe developmental disabilities. In July 2011, they sued (1) the Secretary of the North Carolina Department of Health and Human Services ("the Secretary" or "the NCDHHS"); (2) Piedmont Behavioral Healthcare ("PBH"), a local subdivisi...
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This case presents the question whether the federal Constitution compels Michigan s public schools to collect membership dues for unions that represent public-school employees. Enacted in 2012, Michigan s Public Act 53 provides: A public school employer s use of public school resources to a...
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The outcome of this appeal turns on our interpretation of the Supreme Court s recent decision in J. McIntyre Machinery, Ltd. v. Nicastro specifically whether that decision renders our stream-of-commerce approach to personal jurisdiction improper. Finding that application of the stream-of-commerc...
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I. In 2008, the Borough of Palmyra ( Palmyra ) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. ( NAI ), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for t...
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If a criminal defendant is sentenced to a term of imprisonment based on a provision of the United States Sentencing Guidelines (the Guidelines ) that is subsequently amended by the Sentencing Commission, a federal sentencing court may, in some circumstances, reduce the defendant s term of imp...
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