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Our prior decisions have not considered the question whether a decision of a multimember tribunal must be vacated because of the participation of one member who had an interest in the outcome of the case.
Lawyers for Mr. Smith had argued that his death sentence in the latter case was obtained largely on the basis of the previous conviction and should be vacated because of the Supreme Court's ruling.
When asked if there was any concern within the Auburn program that the title would be vacated because of the investigation, the Tigers' defensive coordinator, Ted Roof, did not comment.
But Capitol aides predicted tough negotiations between the two parties early next month over the rules for organizing the new Senate, particularly those that would address the possibility that a Democratic seat could be vacated because of illness or death.
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Kentucky's coach, John Calipari, reached the Final Four twice previously with Massachusetts and Memphis, but both appearances were vacated because of N.C.A.A. infractions.
Michigan was runner-up for the national title in 1992 and 1993, but those achievements were vacated because of N.C.A.A. violations.
Calipari has never personally been sanctioned, but his 1996 Final Four appearance at Massachusetts was vacated because of Marcus Camby's dealings with an agent.
(Four years later, after Celestin had already served time in prison, his conviction was vacated because of a finding that his counsel was ineffective).
In the spring of 2012, the guilty verdict against Lebovits was vacated because of a prosecutorial violation: two pages of Detective Litwin's notes (about Berel Ashkenazi, the defense witness) hadn't been disclosed until halfway through the trial.
Donahue earns from $200,000 to $300,000 a year, while Calipari makes more than any other coach in Division I. Calipari has taken two programs to the Final Four, but both appearances were vacated because of rules violations.
The last team to win the national title after being ranked first in the preseason poll was USC in 2004 and the Trojans' championship was vacated because of NCAA rules violations.
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