Blogs about: Writ Of Certiorari
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Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate – Wed, 17 Nov 2010, 9:00 p.m. EST
Atty Mario Apuzzo and CDR Charles Kerchner (Ret) will be guests on the Revolution Radio Show hosted by Dr. Kate on Wednesday, 17 Nov 2010, at 9:00 p.m. EST. The subject will be the latest news about t… more →
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Montana Decision Stayed Pending Review By the US Supreme Court
wrote 2 weeks ago: The U.S. Supreme Court has blocked the Montana Supreme Court’s decision: American Tradition Partners … more →
Fellow Officer Rule - Not a Rule of Evidence
wrote 2 months ago: Image via Wikipedia I’m way behind, I know. We just moved our office and just getting settled … more →
Who are the Short Term Rental (STR) players?
wrote 4 months ago: According to the lawsuit that was recently filed against the City of Austin: Robert Dawson, Joel Ras … more →
God Bless the DMV (and Happy Holidays to All)
wrote 5 months ago: Image via Wikipedia Malloy v. DHSMV, 19 Fla. L. Weekly Supp. 9a (18th Jud. Cir., Jul 1, 2011): Writ … more →
SUPREME COURT OF THE UNITED STATES=Doctors initially attributed Etzel’s death to sudden infant death syndrome (SIDS), the customary diagnosis when an infant shows no outward signs of trauma. But after an autopsy, the coroner concluded that the cause of death was instead shaken baby syndrome (SBS).=The opinion of the Court in Jackson v. Virginia, 443 U. S. 307 (1979), makes clear that it is the responsibility of the jury—not the court—to decide what conclusions should be drawn from evidence admitted at trial. A reviewing court may set aside the jury’s verdict on the ground of insufficient evidence only if no rational trier of fact could have agreed with the jury. What is more, a federal court may not overturn a state court decision rejecting a sufficiency of the evidence challenge simply because the federal court disagrees with the state court. The federal court instead may do so only if the state court decision was “objectively unreasonable.” Renico v. Lett, 559 U. S. ___, ___ (2010) (slip op., at 5) (internal quotation marks omitted). Because rational people can sometimes disagree, the inevitable consequence of this settled law is that judges will sometimes encounter convictions that they believe to be mistaken, but that they must nonetheless uphold. The Court of Appeals in this case substituted its judgment for that of a California jury on the question whether the prosecution’s or the defense’s expert witnesses more persuasively explained the cause of a death. For this reason, certiorari is granted and the judgment of the Court of Appeals is reversed. *
wrote 6 months ago: Image via Wikipedia Cite as: 565 U. S. ____ (2011) 1 Per Curiam SUPREME COURT OF THE UNITED STATES J … more →
SUPREME COURT OF THE UNITED STATES=Agreements to arbitrate that fall within the scope and coverage of the Federal Arbitration Act (Act), 9 U. S. C. §1 et seq., must be enforced in state and federal courts. State courts, then, “have a prominent role to play as enforcers of agreements to arbitrate.” Vaden v. Discover Bank, 556 U. S. 49, 59 (2009). The Act has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation. See Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 217 (1985). From this it follows that state and federal courts must examine with care the complaints seeking to invoke their jurisdiction in order to separate arbitrable from nonarbitrable claims. A court may not issue a blanket refusal to compel arbitration merely on the grounds that some of the claims could be resolved by the court without arbitration. See ibid. In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable. Though the matter is not altogether free from doubt, a fair reading of the opinion indicates a likelihood that the Court of Appeal failed to determine whether the other two claims in the complaint were arbitrable. For this reason, the judgment of the Court of Appeal is vacated, and the case remanded for further proceedings.
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wrote 6 months ago: Cite as: 565 U. S. ____ (2011) 1 Image via Wikipedia Per Curiam SUPREME COURT OF THE UNITED STATES K … more →
SUPREME COURT OF THE UNITED STATES=Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U. S. ___, ___ (2011) (slip op., at 13). The Court of Appeals for the Sixth Circuit purported to identify three such grievous errors in the Ohio Supreme Court’s affirmance of respondent Archie Dixon’s murder conviction. Because it is not clear that the Ohio Supreme Court erred at all, much less erred so transparently that no fairminded jurist could agree with that court’s decision, the Sixth Circuit’s judgment must be reversed.
wrote 6 months ago: Image via Wikipedia Cite as: 565 U. S. ____ (2011) 1 Per Curiam SUPREME COURT OF THE UNITED STATES D … more →
Florida Takes Health Care Fight To Supreme Court
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wrote 8 months ago: MIAMI (CBSMiami.com) – Florida Attorney General Pam Bondi announced Wednesday that the state has fil … more →
Video Glossary: Rule of Four
wrote 10 months ago: … more →
Coronas, Crawford, and Discovery Depositions
wrote 10 months ago: Image via Wikipedia Corona v. State, 36 Fla. L. Weekly S247 (Fla. Jun 9, 2011): Review Granted, Reve … more →
The New Supreme Court in Full Swing
wrote 1 year ago: Image via Wikipedia Here are the latest United States Supreme Court Opinions with the new Justices. … more →
Supreme Court says Judicial Corruption is not Worthy .
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wrote 1 year ago: Guest Author: William M. Windsor WEBSITE: LAWLESS AMERICA _________________________________________ … more →
Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate - Wed, 17 Nov 2010, 9:00 p.m. EST
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wrote 1 year ago: Atty Mario Apuzzo and CDR Charles Kerchner (Ret) will be guests on the Revolution Radio Show hosted … more →
Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court Justices for Conference Scheduled for 23 Nov 2010
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wrote 1 year ago: Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court J … more →
Will the Supreme Court Take Another Look at the Maryland v. Buie Protective Sweep?
wrote 1 year ago: In Maryland v. Buie, 494 U.S. 325 (1990), the United States Supreme Court held that when making an i … more →
Respondents Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit
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wrote 1 year ago: Respondents (Obama & the other Defendants) Waive the Right to Respond to the Petition for Writ o … more →
Atty Apuzzo & CDR Kerchner on the Revolution Radio Show hosted by Dr. Kate - Wed, 06 Oct 2010, 9:00 p.m. EST
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wrote 1 year ago: Atty Mario Apuzzo and CDR Charles Kerchner (Ret) were guests on the Revolution Radio Show hosted by … more →
Obama aka; Soetoro's Ass: Hauled Up Before The United States Supreme Court ~~~ Response Due November 3rd. 2010
wrote 1 year ago: Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congr … more →
Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit
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wrote 1 year ago: News Release FOR IMMEDIATE RELEASE30 September 2010, 8:00 P.M. EDT CONTACT: Mario Apuzzo, Esq., Jame … more →
