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In re Devison-Charles

21 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,769 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,405 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  3. In re Gault

    387 U.S. 1 (1967)   Cited 4,108 times   18 Legal Analyses
    Holding that children in juvenile delinquency proceedings have a right to notice of the charges, the right to counsel, the right to confront and cross-examine witnesses, and a right against self-incrimination

  4. K Mart Corp. v. Cartier, Inc.

    486 U.S. 281 (1988)   Cited 805 times   6 Legal Analyses
    Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

  5. McKeiver v. Pennsylvania

    403 U.S. 528 (1971)   Cited 983 times   1 Legal Analyses
    Holding that juvenile court need not provide jury trial

  6. McNary v. Haitian Refugee Center, Inc.

    498 U.S. 479 (1991)   Cited 475 times
    Holding that the INA did not strip jurisdiction over certain claims because otherwise "meaningful judicial review ... would be foreclosed"

  7. Lujan-Armendariz v. I.N.S.

    222 F.3d 728 (9th Cir. 2000)   Cited 137 times
    Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity

  8. United States ex rel. Sero v. Preiser

    506 F.2d 1115 (2d Cir. 1974)   Cited 123 times
    Holding that under Rule 23, venue requirements "may be satisfied if only the named parties to a class action meet its requirements"

  9. People v. Shrubsall

    167 A.D.2d 929 (N.Y. App. Div. 1990)   Cited 53 times

    November 16, 1990 Appeal from the Niagara County Court, Hannigan, J. Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ. Judgment modified as a matter of discretion in the interest of justice and as modified affirmed, in accordance with the following memorandum: Defendant, aged 17, entered a plea of guilty to a charge of manslaughter in the first degree, in full satisfaction of an indictment charging, inter alia, murder in the second degree, on the ground that he was acting under extreme emotional

  10. People v. Calderon

    79 N.Y.2d 61 (N.Y. 1992)   Cited 21 times   1 Legal Analyses

    Argued January 8, 1992 Decided February 18, 1992 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Thomas W. Keegan, J. Leigh Fine for appellant. Sol Greenberg, District Attorney (Michael J. Connolly of counsel), for respondent. ALEXANDER, J. The issue on this appeal is whether, after a proceeding has been terminated by entry of judgment, a trial court has authority to revoke its finding that a defendant is a youthful offender in order to legitimate a sentence

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,673 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,018 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 720.20 - Youthful offender determination; when and how made; procedure thereupon

    N.Y. Crim. Proc. Law § 720.20   Cited 592 times

    1. Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender. Such determination shall be in accordance with the following criteria: (a) If in the opinion of the court the interest of justice would be served by relieving the eligible youth from the onus of a criminal record and

  14. Section 720.10 - Youthful offender procedure; definition of terms

    N.Y. Crim. Proc. Law § 720.10   Cited 535 times
    Rendering ineligible for youthful-offender status a youth who "has previously been adjudicated a youthful offender following conviction of a felony"

  15. Section 5031 - Definitions

    18 U.S.C. § 5031   Cited 496 times   2 Legal Analyses
    Noting that "a ‘juvenile’ is a person who has not attained his eighteenth birthday"

  16. Section 5032 - Delinquency proceedings in district courts; transfer for criminal prosecution

    18 U.S.C. § 5032   Cited 488 times   2 Legal Analyses
    Providing that juvenile delinquency proceedings in federal court "shall proceed by information"

  17. Section 5005, 5006 - Repealed

    18 U.S.C. § 5005, 5006   Cited 444 times
    Providing for indeterminate sentencing to special rehabilitative programs for periods that may be considerably shorter than an adult sentence

  18. Section 410.70 - Hearing on violation

    N.Y. Crim. Proc. Law § 410.70   Cited 413 times

    1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be heard pursuant to this section. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a declaration of delinquency or has committed him or has fixed bail pursuant to this

  19. Section 720.35 - Youthful offender adjudication; effect thereof; records

    N.Y. Crim. Proc. Law § 720.35   Cited 185 times
    Declaring that such an adjudication "is not a judgment of conviction for a crime or any other offense"