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11 Jan 2009, 9:16 am
This order was challenged in the courts on the ground that it was inconsistent with the New York Court of Appeals’ decision in Hernandez v. [read post]
17 Jul 2009, 11:04 am
I'd have thought that to do this in every single criminal case would be clearly improper, and that everyone would recognize this fact.I'd have been wrong.The Court of Appeal does reverse the conviction here. [read post]
30 Apr 2014, 1:46 pm
 Precisely for the reasons the majority articulates.At the same time, I think that Judge Milan Smith -- as well as Judge Randy Smith -- are exactly right that the majority does a profound disservice by rejecting the absolute disparity approach, surveying the various competing approaches, and then adopting none of them. [read post]
30 Jul 2014, 9:31 am
 So does every single competent lawyer in the history of the universe. [read post]
15 Feb 2007, 11:59 am
But Judge Gould does an outstanding job of arguing that a jury might well have found that defendant went to Mexico to stock up on meth for his own consumption, and that the quantity (which, at least according to the government's witness, was between 48-96 doses -- and I'm in no position to disagree with that assessment) wasn't so out of bounds to be clearly for sale. [read post]
20 Feb 2013, 6:57 pm by Timothy P. Flynn
   On the other hand, one of the now-retired investigators who took a statement from Hernandez soon after the incident, now claims he does not clearly recall her saying she may have held the victim; he told the AP:  "why I testified to that; who knows?" [read post]
16 Jul 2021, 6:03 am by Second Circuit Civil Rights Blog
The Court of Appeals (Parker, Cabranes and Newman) says does not have this evidence. [read post]