Avire, LLC v. Priority 1 Aviation Inc. and Robert Tijerina, Individually

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining the important difference “between punishing the defendant for trauma caused by the crime and punishing him for a consequence incidental to his claim of a constitutional right to have a jury decide his guilt”
• “A judge may not punish a defendant for the exercise of his constitutional right to have his guilt decided after trial.”
• “A judge may not punish a defendant for the exercise of his constitutional right to have his guilt decided after a trial by jury”
• although ambiguous remarks of judge could have reflected proper considerations, resentencing required because “sentencing . . . must be free of any suggestion of impropriety on the part of the judge”
• “We cannot tell with certainty which considerations motivated the judge’s remarks in this case”

Source: CourtListener parenthetical corpus (CC0).