Lorain Journal Co. Et Al. v. Milkovich (1985)

See id. ("The fact that [the testimony] provided some remote corroboration for the eyewitness testimony that Givens was the perpetrator does not establish that it was 'intended for use by the government as evidence in chief at the trial.' ").

In that capacity she had “substantial responsibility for or control over the conduct of governmental affairs,” and her position was one of sufficient importance to “invite public scrutiny and discussion . . . entirely apart from the . . . particular charges in controversy.” (Rosenblatt v. Baer, supra, 383 U.S. at pp. 85-87, fn. 13.) “[Education is perhaps the most important function of state and local governments.” (Brown v. Board of Education (1954) 347 U.S. 483, 493 [ 98 L…

As we have found elsewhere, “divorce * * * is no more than ‘a private matter of public concern merely to gossips’ ” (Krauss v Globe Intl., supra, at 192-193, quoting Lorain Journal Co. v Milkovich, 474 US 953, 964, n 9 [Brennan, J., dissenting]) and “not a public controversy” (Krauss v Globe Intl., supra, at 193).

Specifically, a divorce that is no more than “a private matter of public concern merely to gossips” (Lorain Journal Co. v Milkovich, 474 US 953, 964, n 9 [Brennan, J., dissenting]) is not a public controversy requiring a limited-purpose public-figure analysis (Time, Inc. v Firestone, 424 US 448 ).

See Lorain Journal Co. v. Milkovich, 474 U. S. 953 (1985); Lorain Journal Co. v. Milkovich, 449 U. S. 966 (1980). [2] In its entirety, the article reads as follows: "Yesterday in the Franklin County Common Pleas Court, judge Paul Martin overturned an Ohio High School Athletic Assn. decision to suspend the Maple Heights wrestling team from this year's state tournament.

See United States v. Givens, 767 F.2d 574, 584 (9th Cir.) (indictment should be interpreted to include allegations that are necessarily implied), cert. denied, 474 U.S. 953 (1985). 6 MacDonald also argues that the indictment failed to allege sufficient facts regarding the XSELL contract, because it did not allege facts that would show that either XSELL or NTI were defrauded.

See United States v. Givens, 767 F.2d 574, 578 (9th Cir.), cert, denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985) (holding that it would be "grossly unfair" and would "wreak a substantial inequity" to apply Luce retroactively). .

See United States v. Givens, 767 F.2d 574, 585-86 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985); United States v. Demma, 523 F.2d 981, 987 (9th Cir.1975) (en banc).

See United States v. Givens, 767 F.2d 574, 585-86 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985); United States v. Demma, 523 F.2d 981, 987 (9th Cir.1975) (en banc).

See United States v. Givens, 767 F.2d 574, 583 (9th Cir.) (evidence that provided some corroboration of prosecution witnesses, but offered to impeach defense witness not "evidence in chief"), cert. denied, 474 U.S. 953 (1985); United States v. Delia, 944 F.2d 1010, 1017-18 (2d Cir.1991) (prosecution not required to disclose rebuttal evidence to help defendant decide whether to pursue particular contention); see also United States v. Adkins, 741 F.2d 744, 746-47 (5th Cir.1984…

See United States v. Givens, 767 F.2d 574, 584-85 (9th Cir.), cert. denied, 474 U.S. 953 (1985). 10 The district court incorrectly ruled that this court had resolved Curry's claims that Agent Bland committed perjury (claims 7 and 8).

See United States v. Givens, 767 F.2d 574, 584 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985).

See United States v. Givens, 767 F.2d 574 (9th Cir.1985), ce rt. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985).

See United States v. Givens, 767 F.2d 574, 580 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985) (de novo); contra United States v. Gregory, 891 F.2d 732, 734 (9th Cir.1989) (abuse of discretion).

See United States v. Givens, 767 F.2d 574, 585 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985). .

See Lorain Journal Co. v. Milkovich, 474 U.S. 953, 963 , 106 S.Ct. 322 , 88 L.Ed.2d 305 (1985) (Brennan, J., dissent ing).

See Holmes v. Kewanee Oil Co., 233 Kan. 544, 550-51 , 664 P.2d 1335 (1983) (lessors who for many years kept royalty payments from producer were not barred by estoppel or waiver from claiming higher payments were due), cert, denied, 474 U.S. 953 , 106 S.Ct. 322 , 88 L.Ed.2d 305 (1985).

See also Holmes v. Kewanee Oil Co., 233 Kan. 544, 550 , 664 P.2d 1335, 1341 (1983), cert. denied, 474 U.S. 953 , 106 S.Ct. 322 , 88 L.Ed.2d 305 (1985); Texas Oil & Gas Corp. v. Vela, 429 S.W.2d 866, 875-76 (Tex.1968).

See Lorain Journal Co. v. Milkovich, 474 U.S. 953, 963, 106 S.Ct. 322, 323 , 88 L.Ed.2d 305 (1985) (Brennan, J., dissenting).

See, e.g., United States v. Givens, 767 F.2d 574 (9th Cir.), cert. denied, 474 U.S. 953 , 106 S.Ct. 321 , 88 L.Ed.2d 304 (1985) (probative value of prior robbery and armed robbery convictions outweighed their prejudicial effect where defendant's credibility in armed robbery trial was directly at issue); United States v. Fountain, 642 F.2d 1083 (7th Cir.), cert. denied, 451 U.S. 993 , 101 S.Ct. 2335 , 68 L.Ed.2d 854 (1981) (no error where trial court knew of and applied balan…

A contrary holding “would stifle public debate about important local issues.” Id. (internal citations omitted); see also Milkovich, 474 U.S. at 960 , 106 S.Ct. 322 (indicating with respect to reporter’s column challenging high school teacher’s qualifications to teach young students in light of his conduct during a high school wrestling match that “[i]t is precisely this type of discussion that New York Times and its progeny seek to protect”).

See Commonwealth v. Vanover, 689 S.W.2d 11 (Ky.1985), cert, denied 474 U.S. 953 , 106 S.Ct. 322 , 88 *524 L.Ed.2d 305 (1985).