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BANKS v. YORK et al

MEMORANDUM re of Law in Support of Rule 56

29 Cited authorities

  1. Schneckloth v. Bustamonte

    412 U.S. 218 (1973)   Cited 12,088 times   20 Legal Analyses
    Holding the State need not prove knowing-and-deliberate consent to search

  2. Wainwright v. Sykes

    433 U.S. 72 (1977)   Cited 8,913 times   12 Legal Analyses
    Holding that a state procedural waiver of a federal claim will serve to bar to federal habeas review of the claim absent a showing of "cause and prejudice"

  3. New York v. Hill

    528 U.S. 110 (2000)   Cited 668 times   1 Legal Analyses
    Holding that defendant may waive his rights under Art. III of the Agreement

  4. Carchman v. Nash

    473 U.S. 716 (1985)   Cited 583 times   1 Legal Analyses
    Holding that " probation-violation charge, which does not accuse an individual with having committed a criminal offense in the sense of initiating a prosecution" does not constitute an untried indictment, information or complaint within the meaning of an Interstate Agreement on Detainers

  5. Carmona v. Toledo

    215 F.3d 124 (1st Cir. 2000)   Cited 589 times   1 Legal Analyses
    Holding that a "failure to authenticate" a document at summary judgment "precludes consideration of" that document

  6. Atchinson v. District of Columbia

    73 F.3d 418 (D.C. Cir. 1996)   Cited 483 times
    Holding that a delay of two years from filing of action is undue

  7. Harden v. Pataki

    320 F.3d 1289 (11th Cir. 2003)   Cited 172 times   1 Legal Analyses
    Holding that where federal habeas corpus was not available because a person had been extradited, § 1983 must be available

  8. In re Edmond

    934 F.2d 1304 (4th Cir. 1991)   Cited 114 times
    Holding that selective assertion of Fifth Amendment privilege to thwart opposing party's ability to take deposition testimony then use of that testimony to defeat summary judgment was improper

  9. Young v. City of Little Rock

    249 F.3d 730 (8th Cir. 2001)   Cited 82 times
    Holding that a dispatcher's mistake about the existence of an arrest warrant was "not sufficient to render an arrest `unreasonable' within the meaning of the Fourth Amendment"

  10. Berkeley v. Home Ins. Co.

    68 F.3d 1409 (D.C. Cir. 1995)   Cited 56 times
    Affirming lower court's reduction of fees by 50% in part due to the fact that the time records were created 2 years after the work was performed

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 208,622 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 10 - Powers Denied to the States

    U.S. Const. art. I, § 10   Cited 4,907 times   5 Legal Analyses
    Prohibiting specific acts by the States

  15. Section 23-110 - Remedies on motion attacking sentence

    D.C. Code § 23-110   Cited 848 times   6 Legal Analyses
    Authorizing D.C. prisoners to move to vacate, set aside, or correct a sentence "imposed in violation of the [U.S.] Constitution or the laws of the District of Columbia"

  16. Section 12-309 - Actions against District of Columbia for unliquidated damages; time for notice

    D.C. Code § 12-309   Cited 275 times   3 Legal Analyses
    Requiring notice within 6 months of the approximate time, place, cause, and circumstances of the injury

  17. Section 40 - Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District

    Fed. R. Crim. P. 40   Cited 118 times

    (a) IN GENERAL. A person must be taken without unnecessary delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district for: (i) failing to appear as required by the terms of that person's release under 18 U.S.C. §§ 3141-3156 or by a subpoena; or (ii) violating conditions of release set in another district. (b) PROCEEDINGS. The judge must proceed under Rule 5(c)(3) as applicable. (c) RELEASE OR DETENTION ORDER. The judge may