89 Cited authorities

Crawford v. Washington
541 U.S. 36 (2004) Cited 17,419 times 82 Legal Analyses
Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,257 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,020 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,265 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Brady v. Maryland
373 U.S. 83 (1963) Cited 43,445 times 133 Legal Analyses
Holding that the prosecution violates due process when it suppresses material, favorable evidence
United States v. Bagley
473 U.S. 667 (1985) Cited 9,437 times 34 Legal Analyses
Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,754 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Herrera v. Collins
506 U.S. 390 (1993) Cited 5,532 times 15 Legal Analyses
Holding "the threshold showing for such an assumed right [of actual innocence] would necessarily be extraordinarily high"
Cleveland Board of Education v. Loudermill
470 U.S. 532 (1985) Cited 6,893 times 7 Legal Analyses
Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
Blackledge v. Allison
431 U.S. 63 (1977) Cited 9,306 times 1 Legal Analyses
Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 80,454 times 55 Legal Analyses
Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,526 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,547 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,666 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,033 times 17 Legal Analyses
Permitting the use of declarations instead
Section 2243 - Issuance of writ; return; hearing; decision
28 U.S.C. § 2243 Cited 9,850 times 5 Legal Analyses
In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Rule 1101 - Applicability of the Rules
Fed. R. Evid. 1101 Cited 1,354 times 3 Legal Analyses
Holding the federal rules of evidence applicable to certain proceedings and not to others
Rule 301 - Presumptions in Civil Cases Generally
Fed. R. Evid. 301 Cited 642 times 18 Legal Analyses
Explaining presumptions
Section 2246 - Evidence; depositions; affidavits
28 U.S.C. § 2246 Cited 136 times
Granting discretion to habeas judge to admit affidavits into evidence

ZUHAIR v. BUSH et al

89 Cited authorities

Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Holding that the prosecution violates due process when it suppresses material, favorable evidence

Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant

Holding "the threshold showing for such an assumed right [of actual innocence] would necessarily be extraordinarily high"

Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"

Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary

Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Recognizing exception to rule against hearsay for records of regularly conducted activities

Permitting the use of declarations instead

In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Holding the federal rules of evidence applicable to certain proceedings and not to others

Explaining presumptions

Granting discretion to habeas judge to admit affidavits into evidence