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Controlling weight may be given to denial of a prior application for federal habeas corpus or § 2255 relief 8 only if (1) the same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the subsequent application.
The officers "already knew that those perpetrators had the intention and the prior determination to attack," it said.
The history of risk evaluation is moving from the point of accident investigation toward prior determination of quantum risk level.
It is observed that using an ADV does not require prior determination of particle and floc properties.
21 And there the parties are not bound by a prior determination made at any level of the Renegotiation Board structure.
"The president has notified Congress that he has today rescinded his prior determination regarding the U.S.-Russia agreement for peaceful nuclear cooperation," the State Department said in a prepared statement.
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Prior determinations of the validity of the ARR had been generally limited to subjects that could be withdrawn from antihypertensive therapy and to non African American subjects.
The division studies the case de novo and makes a recommendation to the Board which then makes a determination greater than, equal to, or less than any of the prior determinations, id., § 1472.4 d).
Questions of rights claimed to have become vested, of status, of prior determinations, deemed to have finality and acted upon accordingly, of public policy in the light of the nature both of the statute and of its previous application, demand examination.' The majority of the Court in the present case narrowly confines that statement to the particular facts involved in Chicot County.
The SEC's initial position on the Whole Foods proposal was consistent with prior determinations regarding Rule 14a-8(i)(9) on a wide range of governance topics, and its recent, unexpected action highlights the unusually high profile, and high stakes, of proxy access in the current environment.
The "Buy American and Hire American" executive order has been used to justify numerous new administrative and regulatory actions, including instructing U.S. Citizenship and Immigration Services USCISS) adjudicators to no longer "defer to prior determinations," approvals or findings of facts when renewing an H-1B or other high-skilled visa.
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