Documents

Oral argument — People v. Perkins

Oral argument · Oral argument · Jun 5, 2024

I'm going back to your comment about it's got to be de novo review, and my point is, why does it have to be de novo review? … You're not just shooting it up in the air and wasting ammunition. So can you tell me what the word untrustworthy relates to?

Oral argument — United States v. Erik Peeters

Oral argument · Oral argument · Aug 13, 2019

So we have plain air review here. No, no, no. I'm acting defensively to stop the enforcement of a waiver that they could have waived. They didn't waive. They've sought application of a waiver. … And the reason that is true is the government's argument and the case comes to you as by acting.

Oral argument — Frank Matylinsky v. Michael Budge

Oral argument · Oral argument · May 5, 2009

, some things he did and did not do during the trial, were predicated on his, Judge Breen, just sort of pulling it out of thin air. … Phelps was on the books during the very, very brief period of time that PCR 2 was pending, both in the trial court and in the Nevada Supreme Court.

Oral argument — Simmons v. Brotherhood Mutual Ins

Oral argument · Oral argument · Apr 2, 2026

Well, I take the comment as said. So right now, as we sit here, there's nothing that you can point to that would corroborate what the deceased child said. … I'm just trying to put it back to this verbal act thing.

Oral argument — Tenth Street Residential Assn v. City of Dallas, T

Oral argument · Oral argument · Jun 15, 2020

TSRA members also act as interested persons under subsection I. … Well, if this all goes on long enough, all those structures will be eligible for demolition under section J as an imminent public danger, but that's just a rhetorical comment. Mr.

Oral argument — Reichle v. Howards

Oral argument · Oral argument · Mar 21, 2012

Objective standards are clean, they're nice, they create bright lines. … In every civil case, is this an intentional act, a knowing act, a reckless act, a negligent act? That's what juries do.

Oral argument — Citizens for Better Forestry v. USDA 02-16009

Oral argument · Oral argument · Mar 10, 2003

We found out when it was posted unexpectedly on the Forest Service's website after the close of comment period on the regulations itself. … That's right, the public comment period on the rule. That was prepared. Which was not a comment on the EA, EIS. There isn't any obligation in NEPA to have a public comment period on the EA.

Oral argument — United States v. Powell-Ryder

Oral argument · Oral argument · May 5, 2021

So the 10 months was not something that we pulled out of thin air, that we had some back and forth on. … Indeed, the provision is ambiguous as to whether it limits when the district court might act on that motion.

Oral argument — Weber v. McGrogan

Oral argument · Oral argument · Jun 5, 2019

Is there any indication that the court acted upon this and not that this was just what WITASIC says, which is a utility event, that is the clerk acting to clear or clean up a docket? … Well, I think, Your Honor, to that comment, I think that what's not getting enough play, factually in this case, is this court's clerk, October 7th, 2016 letter, which says to Ms.

Oral argument — Dianne Kelley v. Microsoft Corporation

Oral argument · Oral argument · Aug 3, 2010

So however you categorize it, these are three questions of law that are before this court to determine, and essentially this court is writing on a clean slate with respect to these three questions. … There's one way to show individual reliance, but in fact in the Schnall case, after making the comment that you just made, the case was remanded to the trial court to see whether there could be class-wide

Oral argument — Stewart & Jasper Orchards v. Kenneth Salazar

Oral argument · Oral argument · Feb 15, 2011

And so for that reason, the Endangered Species Act is not a market regulatory scheme, and the Raich decision is inapplicable. Mr. Middleton, can you comment on Bennett v. Spears? … But, I mean, the logical conclusion of your argument is that 80 percent or so – and I'm just pulling that out of the air, but it seems correct to me – 80 percent of the Endangered – the species covered

Oral argument — United States v. Jeremy Naughton

Oral argument · Oral argument · May 13, 2015

What if we say you are in plain air review? If you disagree with me on that, Your Honor, we still prevail under plain air. … And officers have to act. And officers have to act. Officers have to act when they're faced with an emergency situation. And, you know, Ms. Skelton said there's a question here of probable cause.

Oral argument — Anchorage Chrysler Center Inc v. Great-West Life & Annunity Ins Co

Oral argument · Oral argument · Oct 4, 2004

It was, and he found that any act meant just that, any act. … It should come with clean hands. It should at least have read the basic information, which would have avoided this entire situation.

Oral argument — United States v. Naghani

Oral argument · Oral argument · Sep 11, 2003

And, you know, the belligerent drunk, unfortunately, is a common occurrence in air travel. And also the belligerent smoker is a common occurrence. … And given the defendant's conduct and words apart from the anti-American comment, it is the government's position that that did amount to threatened use of force.

Oral argument — United States v. Marcel King

Oral argument · Oral argument · Sep 19, 2012

So the fundamental difference is that the probation requires an act of discretion by the district court judge. … I take it from your initial comment that you, at least implicitly, and now I will ask you explicitly, agree that the Davis question is waived.

Oral argument — United States v. Darryl Frazer

Oral argument · Oral argument · Jan 24, 2024

Forty-five feet from where he was standing on the second floor landing of that open-air apartment stairwell. And then on the video, you can see exactly where it hits. There's paved pathways. … And in terms of the probable… Post-search comment? You're talking about… It's not my gun.

Oral argument — Ahmad Nurriddin v. Charles Bolden

Oral argument · Oral argument · Oct 15, 2015

on the Rehab Act. … Phelps meant by that comment. I think when you take Dr. Phelps' comment and you extend it through the adverse actions taken against Mr.

Oral argument — Michael Kent v. Oakland County of

Oral argument · Oral argument · Aug 6, 2015

His hands are up in the air. His back is against the wall. And it's difficult at this point, too, to get into the facts because this is such a factually intensive case. … Briefly, to follow up on Brother Counsel's comments, he wants to point to Graham, as pointed out in our brief.

Oral argument — Michael Wadsworth v. Brian Williams

Oral argument · Oral argument · Dec 20, 2018

If you look at the cases that were cited in all briefs, whether there be Mayles, Tiller, Nguyen, or Schneider, in all those cases, the operative fact is never determined to be the actual act or omission … That's what I wanted you to comment about. And this, you know, counsel now raises for the first time reliance on Martinez v. Ryan.

Oral argument — Desta v. Ashcroft

Oral argument · Oral argument · Feb 12, 2004

As long as that period, I believe, did not extend past the jurisdictional constraints of the Immigration and Nationality Act. Okay. I'll go. I'm sorry. … And it doesn't wipe out the period. And there's nothing, I believe, in the Act or any other jurisprudence I can find that says... But that's a situation where they acted within the 60 days.