Section 2254 d) applies to cases in which a state court of competent jurisdiction has made "a determination after a hearing on the merits of a factual issue". It makes no distinction between the factual determinations of a state trial court and those of a state appellate court.
The need for uniformity in the construction of patent law is undoubtedly important, but that is a factor which belongs to the Article I patent-power calculus, rather than to any determination of whether a state plea of sovereign immunity deprives a patentee of property without due process of law.
He said a murder conviction required a determination of a deliberate state of mind, but a finding of reckless conduct required determining a state of mind "somewhere between negligence and indifference..
It is from the determination of a consistent state that a system can take some action to repair or reconfigure itself.
The verdict was greeted, at home and abroad, with bafflement as well as outrage.It was probably intended as a show of determination by a state that has struggled to crush unrest in the wake of the coup last July that toppled an elected but increasingly unpopular president, Muhammad Morsi.
Thereby, a suitable coordinate and state transformation is employed, which allows for the application of the backstepping method for the determination of a Luenberger-type state observer with observer corrections entering the PDE and the boundary condition.
The present approach enables the determination of a unique reference state for interface misfit dislocations, within which the Burgers vectors of individual dislocations are defined and allows for the unequal partitioning of elastic fields between neighboring crystals.
The crucial point here is that the definition of (eta_{mathrm{NG}}) requires the determination of a reference Gaussian state for the GS of (V x)) rather than a reference harmonic potential for (V x)) itself.
Speedy Judgment The justices agreed to decide whether, when free speech interests are at stake, the Constitution requires a prompt judicial determination of a challenge to a state or local licensing law.
Namely, metrology and technical diagnostics are related through the fact, that the PCEMR, performed with a measuring instrument (MI) governs the value of the average time for determination of technical state of a communication tool (CT).
