Ryan V. Valencia Gonzales
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Ryan V. Valencia Gonzales
''Ryan v. Valencia Gonzales'', 568 U.S. 57 (2013), was a case in which the Supreme Court of the United States held that a defendant on death row did not need to be held competent during federal habeas corpus proceedings.. Background Ernest Valencia Gonzales was convicted in Arizona of felony murder, armed robbery, aggravated assault, first-degree burglary and theft. Gonzales was sentenced to death for the stabbing of Darrel Wagner in front of his seven-year-old son. District court proceedings After exhausting appeals in Arizona, Gonzales filed for a writ of habeas corpus in District Court on November 15, 1999. While the petition was pending before the court, the appointed counsel for Gonzales filed the stay proceedings arguing that Gonzales was incapable or communicating rationally or assisting with proceedings. This argument was made under existing precedent with the Ninth Circuit (''Rohan v. Wood''). In ''Rohan'' the Appellate Court held that habeas proceedings could not "be ...
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9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the Brahmi numerals, beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an Ascender (typography), ascender in most modern typefaces, in typefaces with text figures the character usually has a desc ...
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Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. A petition may be oral rather than written, or may be transmitted via the Internet. Legal ''Petition'' can also be the title of a legal pleading that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a ''complaint''. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of '' mandamus'' or ''habeas corpus'', custody of a child, or probate of a will, is instead called a ''petition''. Act on petition is a "summary process" used in probate, ecclesiastical and divorce cases, designed to handle matters which are too complex for simple motion. The parties in a case exc ...
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Unanimously
Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or implicitly by a lack of objections. It does not necessarily mean uniformity and can sometimes be the opposite of majority in terms of outcomes. Voting Practice varies as to whether a vote can be considered unanimous if some voter abstains. In ''Robert's Rules of Order'', a "unanimous vote" is not specifically defined, although an abstention is not counted as a vote regardless of the voting threshold. Also in this book, action could be taken by "unanimous consent", or "general consent", if there are no objections raised. However, unanimous consent may not necessarily be the same as a unanimous vote (see Not the same as unanimous vote). In either case, it does not take into account the members who were not present. In contrast, a United Nati ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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State Of Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Four Corners region with Utah to the north, Colorado to the northeast, and New Mexico to the east; its other neighboring states are Nevada to the northwest, California to the west and the Mexican states of Sonora and Baja California to the south and southwest. Arizona is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1848. The southernmost portion of the state was acquired in 1853 through the Gadsden Purchase. Southern Arizona is known for its desert climate, ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Nash V
Nash or NASH may refer to: Places United Kingdom *Nash, Buckinghamshire * Nash, London, a hamlet near Keston in the London Borough of Bromley *Nash, Newport, Wales *Nash, south Shropshire, a small village and parish in southern Shropshire *Nash, Telford and Wrekin, a "lost" village near Wrockwardine, Shropshire *Nash Lee, Buckinghamshire *Nash Mills, Hertfordshire *Nash Point, a headland in the Vale of Glamorgan United States * Nash, California, former name of Nashmead * Nash, North Dakota *Nash, Oklahoma *Nash, Texas *Nash County, North Carolina *Nashville, Tennessee, United States, nicknamed "Nash Vegas" Other places * Nash, Iran People Surname *Nash (surname) Given name or nickname *Nash Aguas (born 1998), Filipino actor *Nash Buckingham (1880–1971), American author and conservationist *Nash Candelaria (born 1928), American novelist *Nash Edgerton (born 1973), Australian film director and stuntman *Nash Grier (born 1997), American social media personality and actor *Nash G ...
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Opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War". An opinion may be supported by facts and principles, in which case it becomes an argument. Different people may draw opposing conclusions (opinions) even if they agree on the same set of facts. Opinions rarely change without new arguments being presented. It can be reasoned that one opinion is better supported by the facts than another, by analyzing the supporting arguments. ...
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Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ...
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Stay Of Execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and is similar to an injunction. A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved. Death penalty stays In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment. In the United States, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally ...
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Analyzing
Analysis ( : analyses) is the process of breaking a complex topic or substance into smaller parts in order to gain a better understanding of it. The technique has been applied in the study of mathematics and logic since before Aristotle (384–322 B.C.), though ''analysis'' as a formal concept is a relatively recent development. The word comes from the Ancient Greek ἀνάλυσις (''analysis'', "a breaking-up" or "an untying;" from ''ana-'' "up, throughout" and ''lysis'' "a loosening"). From it also comes the word's plural, ''analyses''. As a formal concept, the method has variously been ascribed to Alhazen, René Descartes (''Discourse on the Method''), and Galileo Galilei. It has also been ascribed to Isaac Newton, in the form of a practical method of physical discovery (which he did not name). The converse of analysis is synthesis: putting the pieces back together again in new or different whole. Applications Science The field of chemistry uses analysis in thre ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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