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Estate Cases, Federal and State
FILE-NAME: MEGA
COVERAGE: May vary by court. Please refer to guide document for individual
courts for coverage information.
FREQUENCY: As received from the court
UPDATE-SCHEDULE: Updated regularly - Atypical update schedule/as received from the court
CONTENT-SUMMARY:
The Federal and State Estate Cases file contains the combined Federal and State estate, gift, trust, and probate caselaw.
SEGMENT-DESCRIP: | ARGUED-DATE | The date the case was ARGUED before the court and/or the date the briefs were SUBMITTED to the court. | | | argued-date = january 14, 1993 | | | | | CITE | The citation of the case location in a reporter or on the LEXIS Service. | | | CITE(2008 U.S. App. LEXIS 10207) | | | | | CONCURBY | The last name(s) of the judge(s) writing the Concur, Concur in part or Concur in part and Dissent in part opinion. | | | concurby(Souter) | | | | | COUNSEL | The name of any person or entity representing a party or interest in the case. | | | counsel(Gerry pre/2 Spence) | | | | | COURT | The name of the court in which the case was heard. | | | court(Kansas and Supreme) | | | | | COURT-CITE-OFF | Court-issued public domain citations. | | | court-cite-off(4 Cir) | | | | | DATE | Provides capability to search the DECIDED, FILED and RELEASED dates at the same time. ARGUED-DATE is not searchable with the DATE designation. | | | date is january 27, 1994 | | | | | DECIDED-DATE | The date the case was DECIDED or oral decision or bench decision was rendered. | | | decided-date bef march 3, 1993 | | | | | DISPOSITION | The final decision of the court. | | | disposition(motion denied) | | | | | DISSENTBY | The last name(s) of the judge(s) writing the Dissent, Dissent in part or Concurring in part and Dissenting in part opinion. | | | dissentby(Blackmun) | | | | | FILED-DATE | The date on which the case was filed, docketed, entered, lodged or issued. | | | filed-date aft 3/3/93 | | | | | FULL-NAME | The complete name and designation of all the parties involved in the case. | | | full-name(Casey and Pennsylvania) | | | | | HEADNOTES | Legal issues that are pertinent to the case, as provided by the court. | | | headnotes(due process) | | | | | HISTORY | Contains the prior and subsequent history of the case. | | | history(appealed) | | | | | JUDGES | Information about the judges of the court hearing the case. | | | judges(O'Connor) | | | | | NOTICE | Provides the capability to search on any disclaimers regarding the finality of the opinion and any disclaimers regarding the publication status. | | | notice(publication) | | | | | NUMBER | Contains the docket number(s) assigned to the case by the court. | | | number(No. 2:07-CV-00086-MCE-EFB) | | | | | OPINIONBY | The last name(s) of the judge(s) writing the majority opinion. | | | opinionby(Rehnquist) | | | | | OPINIONS | Search OPINION, DISSENT and CONCUR at one time. | | | opinions(lawnmower w/15 product liability) | | | | | SUBSEQ-HISTORY | Information about subsequent actions in the case. | | | subseq-history(vacat!) | | | | | SYLLABUS | A summary of the facts, history of the case and points of law of the case, as provided by the court. | | | syllabus(unlawful seizure) | | | | | WRITTENBY | Search OPINIONBY, CONCURBY and DISSENTBY at one time. | | | writtenby(Smith) | | | |
SPECIAL-CHAR:
The DATE segment can be restricted using BEF, AFT or = commands.
DOC-DESCRIPTION:
Cases
DISPLAY-SEQUENCE:
Highest court first in reverse chronological order by date.
USE-TIPS:
Caselaw on the the LEXIS (R) Service contains many features to aid you finding
the most current and complete research results possible.
LEXSEE:
When you know the official or parallel cite to a case, including the LEXIS
cite, you can view that case from anywhere on the LEXIS service. Simply enter
LEXSEE (or LXE) and the cite. For example:
LXE 1992 U.S. LEXIS 4751
LINKS:
Within caselaw documents embedded citations and citations the United States
Code are marked with highlighted LINKS (R). The cited case or code section can
be viewed in full by simply entering = and the number in the highlighted LINK.
For Example, in the following paragraph:
(a) A review of the Court's relevant decisions demonstrates the constitutional
requirements regarding consideration of mitigating circumstances by sentencers
in capital cases. Although the sentencer cannot be precluded from considering,
as a mitigating factor, any aspect of the defendant's character or record and
any of the circumstances of the particular offense that the defendant proffers
as a basis for a sentence [*3] less than death, see, e.g., <=3> Lockett
v. Ohio, 438 U.S. 586, 604, 57 L. Ed. 2d 973, 98 S. Ct. 2954 (plurality
opinion); <=4> Eddings v. Oklahoma, 455 U.S. 104, 71 L. Ed. 2d 1, 102 S. Ct.
869, States are free to structure and shape consideration of mitigating
evidence in an effort to achieve a more rational and equitable administration
of the death penalty, see, e.g., <=5> Boyde v. California, 494 U.S. 370,
377. <=6> Pp.8-11, 108 L. Ed. 2d 316, 110 S. Ct. 1190 .
=3 will retrieve Lockett v. Ohio
=4 will retrieve Eddings v. Oklahoma
=5 will retrieve Boyde v. California
You can return to the case (or cases) in your original result set by entering
EXIT SERVICE (or .es).
PAGINATION:
All LEXIS caselaw is paginated. Cases include LEXIS pagination along
with the pagination from official and parallel reporters. To move to a specific
page enter p* and the number of the page. When more than one pagination system
is used for a case, the page numbers are differentiated by the number of stars
(asterisks) preceding the page number. When a case contains official
pagination, those page numbers will always be preceded by a single star.
At any point in your result set you may enter p to view a listing of the number
of pages and LEXIS screen faces in a particular case.
AUTO-CITE:
You can enter the AUTO-CITE (R) service from anywhere on LEXIS by entering AC.
This electronic citation service of Lawyers Cooperative Publishing provides you
with the prior history and official status of case law citations.
You may auto-cite the case you are viewing automatically by simply entering AC.
Return to your result set by entering EXIT SERVICE (or .es).
Note: You may automatically auto-cite embedded case citations by entering =,
the LINK number and ac. For example =2ac.
SHEPARD'S:
Shepard's(R) Citations are publications of Shepard's, a member of the
LEXIS-NEXIS Group. Using Shepard's on the LEXIS service allows you to
simultaneously search the bound volumes of Shepard's Federal, State and National
Reporter System, and their supplements. Simply enter Shepards (or Shep or sh)
and the cite of the case you wish to Shepardize. For example:
SH 401 U.S. 1
Like the Auto-cite service you can automatically Shepardize the case you are
viewing by entering SH. You may Shepardize embedded citations by entering =,
the LINK number and sh. For example, =2sh.
Return to your original result set by entering EXIT SERVICE or .es.
An additional benefit of Shepard's on LEXIS is the ability, from within the
Shepard's service to view the text of the citing cases. This is done by simply
entering the number next to the citation. You may return to Shepard's by
entering resume shep, return to your original result set by entering EXIT
SERVICE, or use the new LOG FEATURE.
THE .LOG FEATURE:
The .LOG feature on LEXIS provides you with a 'map' of the services you have
used and a LINK back to those services. With so many options available on the
LEXIS service, it is possible to lose track of your exact location on the
information highway. .LOG is available to provide an easy LINK back to any
point in your research. Simply enter .log and LEXIS will display a list of the
LEXSEE, LEXSTAT, AUTO-CITE and SHEPARD'S choices you have made and provide a
quick LINK back to any of those choices.
Exit .LOG by pressing the ENTER key.
You may also use .LOG to retrieve any result set that you may have saved using
the .keep functionality.
.KEEP
After you have obtained a result set anywhere on LEXIS, you may save that
result set to your LOG and retrieve it, without charge, anytime during that
day!
Simply enter .keep from anywhere in your result set and it is saved to the log.
Note: Once you save a result set to the log you will be returned to your main
menu.
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For Help with LEXIS caselaw, or any materials, call Customer Service toll-free
at 1-800-543-6862
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HIER-LOC:
Area of Law - By Topic/Accounting/Access Directories/Tax Center/Federal/Estate, Gift & Trust/Primary
Area of Law - By Topic/Accounting/Access Directories/Tax Center/State/Multistate Sources
Area of Law - By Topic/Estates, Gifts & Trusts/Find Estate Cases
Area of Law - By Topic/Financial Services Industry - Critical Issues/Related Industries View/Estate Gifts & Trusts/Research & Assess Issues
Area of Law - By Topic/Taxation/Find Federal Tax Cases
Area of Law - By Topic/Taxation/Find State Materials/Multistate Sources
SAMPLE-DOC:
2008 U.S. App. LEXIS 10207, *
In re: Johnny F. Harris, Debtor, Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust; The Law Firm of Chisenhall, Nestrud & Julian; Mark W. Hodge, Appellees, In re: Johnn F. Harris, Debtor, Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust, Appellee.
No. 07-1977
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
2008 U.S. App. LEXIS 10207
May 7, 2008, Submitted
May 12, 2008, Filed
NOTICE: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
PRIOR HISTORY: [*1]
Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit.
COUNSEL: In re: Johnny F. Harris, Debtor, Johnny F. Harris, Appellant, Pro se, Little Rock, AR.
PER CURIAM.
Johnny Harris appeals the Bankruptcy Appellate Panel's (BAP's) decision to dismiss, for failure to prosecute, his appeals from two bankruptcy court 1 orders. The BAP did not abuse its discretion. The BAP granted Harris two extensions of time to file his brief, and gave him notice that no further extensions would be granted, yet he still did not file his brief by the second extended date. See Ehrenberg v. Cal. State Univ. (In re Beachport Enter.), 396 F.3d 1083, 1086-87 (9th Cir. 2005) (BAP's imposition of sanctions, including summary dismissal for non-compliance with procedural requirement, is reviewed for abuse of discretion and court does not reach merits of bankruptcy court's ruling); see also In re Tampa Chain Co., Inc ., 835 F.2d 54, 55 (2d Cir. 1987) (per curiam) (district court's decision dismissing bankruptcy appeal for failure to timely file brief will be affirmed unless court [*2] has abused discretion); cf. Soliman v. Johanns, 412 F.3d 920, 921-22 (8th Cir. 2005) (although pro se litigant suffered extreme family hardship, court did not abuse its discretion in denying request for extension to file response; court merely enforced deadline and even pro se litigants must comply with court rules and directives). Accordingly, we affirm. See 8th Cir. R. 47B.
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