There can be little question that his efforts satisfied that test; indeed, the District Court expressly concluded that McCleskey's counsel on his first habeas conducted a reasonable and competent investigation before concluding that a claim based on Massiah v. United States, 377 U.S. 201 (1964), would be without factual foundation.
In that case, however, the Federal Court of Appeals indicated in the course of its opinion full awareness of § 2254(d), and after an examination of the same documentary evidence on which the state court relied, it expressly concluded that the state-court finding to the contrary was not entitled to deference by reason of § 2254 d).
"Although we acknowledged that the placement of the word was redolent of the use of expletives, we noted that the ad did not expressly use any explicit language and therefore concluded that, although some viewers might find the connotation and word-play distasteful, it was unlikely that the ad would cause serious or widespread offence".
Thus, the Ninth Circuit concluded that the plaintiffs had "expressly aimed" the false assertions in the affidavit at plaintiffs, knowing of their "significant connection" to Nevada. 1. First, the relationship [between the Defendant and the forum state] must arise out of contacts that the "defendant himself " creates with the forum State.
Indeed, this Court, after reviewing the entire legislative history, concluded that the 1970 amendments were "expressly designed to force regulated sources to develop pollution control devices that might at the time appear to be economically or technologically infeasible". Union Elec.
A shocking secret CIA assessment has concluded that Russia interfered with the U.S. presidential election expressly to help Donald Trump win, according to an exclusive report Friday by The Washington Post.
Saudi Arabia maintained that Shariah law prohibits torture and other cruel and degrading treatment, but the committee concluded that the gulf kingdom's "domestic law does not expressly reflect this prohibition" and also maintains that floggings, amputations and other corporal punishments are not torture.
It was concluded that since a national bank would facilitate the accomplishment of purposes expressly confided to the federal government, such as the collection of taxes and the maintenance of armed forces, Congress had a choice of means to achieve these proper ends.
Dona Ana County Clerk Lynn Ellins issued a statement, in which he had concluded that the "state's marriage statutes are gender neutral and do not expressly prohibit Dona Ana County from issuing marriage licenses to same-gender couples," according to the Associated Press.
Its report concluded that he had not taken an accusation against a priest seriously unless the priest expressly confessed.
Mr. Bravin may also overstate the option of charging Guantánamo detainees in civilian courts under the "material support for terrorism" statute; prosecutors have concluded that the law probably did not cover conduct before October 2001, when Congress amended it to expressly cover actions by non-Americans abroad.
