Its ground for this recommendation was that, while petitioner claimed before the local board August 17, 1956 ( as evidenced by its memorandum in his file of that date ), that he was devoting 100 hours per month to actual preaching, the headquarters of the Jehovah's Witnesses reported that he was no longer doing so and, on the contrary, had relinquished both his Pioneer and Bible Student Servant positions.

Upon return of the file to the local board, petitioner was again ordered to report for induction and this prosecution followed his failure to do so.

But the statement of the local board attributing this claim to petitioner was in his file.

Having had every opportunity to rebut the finding of the local board before both the hearing officer and the appeal board, petitioner cannot now claim that he was denied due process because he did not succeed.

While there are now allegations of the withholding of `` favorable evidence developed at the hearing '' and a denial of a `` full and fair hearing '', no such claim was made by petitioner at any stage of the administrative process.

Finally petitioner says that he was entitled to inspect the FBI report during the proceedings before the hearing officer as well as at the trial.

" The request was modest, not so the petitioner ," he remarked.

Records show that the above partition was carried out, but they do not give a description of the land which each petitioner received.

The argument for the petitioner was delivered by Jeremiah S. Black, former United States Attorney General and Secretary of State, James A. Garfield, future President, and New York lawyer David Dudley Field.

v. Doe, while in McCreary County v. American Civil Liberties Union the court did not overturn the Lemon test notwithstanding it was urged to do so by the petitioner.

The cross was erected and burned in the front yard of an African American family that lived across the street from the house where the petitioner was staying.

In the June 2003 case Wiggins v. Smith, the petitioner Kevin Wiggins, who had been sentenced to death for murder, was granted habeas corpus because his attorney had failed to fully investigate or present mitigating evidence regarding Wiggins's childhood.

The petitioner, Rakesh Kumar, who was a participant in the competition, described the process as " full of discrepancies " and " flawed ", and named the Finance Ministry and the chairman of Indian Rupee Symbol Selection Committee as respondents.

Ct. 1998 ) ( no same-sex marriage will be recognized ; petitioner claiming existing same-sex marriage was not in a marriage recognized by law )

In November 2011, The Andhra Pradesh High Court ordered a probe against Chandrababu Naidu. A Division Bench said " we are of the opinion that the petitioner made out a case of misuse and / or abuse of power and also actions of indulgence by respondent No. 8 ( Mr. Naidu ) warranting admission of the writ petition ”. The Bench directed the investigating agencies – Central Bureau of Investigation ( CBI ), the Enforcement Directorate ( ED ) and the Securities And Exchange Board of India ( SEBI ) to submit reports within three months so that the court could further consider the matter. The petition was filed by Y. S.

Garland became the petitioner in the case of Ex parte Garland in which he made the argument that it was unconstitutional and a violation of ex post facto.

The petitioner was Brian Mahon Easton, a former Western Australian public servant.

For refusing to leave the section reserved for white people in a restaurant in a bus terminal, petitioner, a Negro interstate bus passenger, was convicted in Virginia courts of violating a state statute making it a misdemeanor for any person " without authority of law " to remain upon the premises of another after having been forbidden to do so.

Under § 216 ( d ) of the Interstate Commerce Act, which forbids any interstate common carrier by motor vehicle to subject any person to unjust discrimination, petitioner had a federal right to remain in the white portion of the restaurant, he was there " under authority of law ," and it was error to affirm his conviction.

" Upon petitioner's refusal to leave, an officer was called and petitioner was arrested and later tried, convicted and

Rather, it denied standing because the petitioner did not allege " a breach by Congress of the specific constitutional limitations imposed upon an exercise of the taxing and spending power.

First, the Due Process clause of the 5th Amendment or 14th Amendment can require that a hearing be held if the interest that is being adjudicated is sufficiently important or if, without a hearing, there is a strong chance that the petitioner will be erroneously denied that interest.

Final Determination to Decline to Acknowledge published 12 / 24 / 1997 62FR247: 67398-67400 ; petitioner requested reconsideration from IBIA 3 / 23 / 1998, denied federal recognition ; decision effective 11 / 26 / 1999.

* The applicant must establish that their U. S. citizen or legal permanent resident spouse, parent, or the K visa petitioner would suffer extreme hardship if the application were denied.

* The applicant's qualifying U. S. citizen or legal permanent resident spouse, son, daughter, parent or K visa petitioner would experience extreme hardship if the appplicant were denied admission ; OR

* The applicant must demonstrate that their qualifying U. S. citizen or legal permanent resident spouse, parent or the K visa petitioner would experience extreme hardship if the applicant were denied admission OR the applicant is a VAWA self-petitioner and the applicant, their U. S. citizen or legal permanent resident parent or child would experience extreme hardship if the applicant were denied admission to the U. S.

§ 1983 against the Board and petitioner Board members, alleging that the Board's actions had denied respondents their rights under the First Amendment.

The due process for petitions for such writs is not simply civil or criminal, because they incorporate the presumption of nonauthority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party.

Estes v. Texas, 381 U. S. 532 ( 1965 ) was a case in which the United States Supreme Court overturned the swindling conviction of petitioner Billy Sol Estes, holding that his Fourteenth Amendment due process rights had been violated by the publicity associated with the pretrial hearing, which had been carried live on both television and radio.

Though partaking of the existing principle of unconstitutionality, according to which the pronouncement of unconstitutionality of the pre-constitutional rules produces effects only upon the relations and situations not yet concluded as of the date 1 January 1948, not being capable of retroacting earlier than the constitution's entry into force ; the Court affirms that the right of citizenship, since it is a permanent and inviolable status except where it is renounced on the part of the petitioner, is justifiable at any time ( even in the case of the prior death of the ascendant or parent of whomever derives the recognition ) because of the enduring nature, even after the entry into force of the constitution, of an illegitimate privation due to the discriminatory rules pronounced unconstitutional.

The two were accepting bribes for their influence, according to the favor asked and position of the petitioner, despite having wealth and property laid on them due to their positions.

A diagnosis of a persistent vegetative state in the US usually still requires a petitioner to prove in court that recovery is impossible by informed medical opinion, while in the UK the " permanent " diagnosis already gives the petitioner this presumption and may make the legal process less time-consuming.

However, the legal procedure or process used by the judges of the Rota, not the merits of the case, are on trial before the Signatura: the Signatura is only able to grant the petitioner a new trial to be held before a new turnus of the Rota, if the Rota was found to have erred in procedure (" de procedendo ").

There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval ; in those cases there are no respondents, just a petitioner.

This is a confidential report ; the petitioner does not get a full copy of this report.

Martha had a son named Thomas ; he showed up as a petitioner for loss and damages resulting from his mother being hanged illegally during the witch trials.

The Committee for Privileges reported, " after diligent search, no precedent being found that any writ of summons hath been detained from any peer that is capable of sitting in the House of Parliament ; and considering withal how far it may trench into the right of every member of this House, whether sitting by ancient right of inheritance or by patent, to have their writs detained ; the Lords Committees are all of opinion, That it will be necessary for this House humbly to beseech His Majesty, that a writ of summons may be sent to this petitioner, and to such other Lords to whom no writ of summons hath been directed for this Parliament, excepting such as are made incapable to sit in Parliament by judgment of Parliament or any other legal judgment.

Thereafter, a successor of a person thus deprived of a peerage would be allowed to petition the Crown for revival of the deprived title ; the petition would be referred to a committee of the Privy Council, which would recommend whether the petitioner be reinstated or not.

Ẹlégbara ( Eṣu, the divine messenger ) initiates contact with Òrún on behalf of the petitioner, and transmits the prayer to Ayé ; the deliverer of àṣẹ or the spark of life.

On Swiss passports and Swiss identity cards, only one " place of origin " are listed for practical purposes ; the petitioner of a document can choose which community the petitioner wants to have on the Swiss passport and / or Swiss identity card, but one has only one Swiss passport or Swiss identity card for intercommunal multiple citizenship.

The impact of the decision on the petitioner ( Hamdan ) was that he can still be tried ; however, his trial must be in a court, such as a military court-martial, or possibly a commission that has court-like protections.

Letter of Intent to Petition 04 / 13 / 1982 ; Declined to acknowledge 9 / 26 / 1996 ; petitioner requested reconsideration from IBIA 12 / 26 / 1996 ; decision affirmed by IBIA subject to supplemental proceeding 6 / 10 / 1998 ; decision affirmed by IBIA 9 / 8 / 1998 with five procedural issues remanded to the Secretary ; reconsidered final determination issued 5 / 24 / 1999 ; Proposed finding 01 / 29 / 2003 ( 68 FR 4507 ); Declined to acknowledge 6 / 21 / 2004 ( 69 FR 34388 ); Reconsidered final determination not to acknowledge became final and effective 3 / 18 / 2005.

In January 1938, he appealed the judge's decision in his petition for the writ of habeas corpus by arguing that the court erred in ruling that a petitioner could not be released " from unlawful imprisonment " by habeas corpus proceedings ; further, that the court did not have jurisdiction in the first place and had no power to pronounce an indeterminate sentence.