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22 Jan 2018, 12:10 pm
As the reader may recall from other “Watch Your Language” articles for this Blog, because of this judicial deference to “commercial language”, you must say what you mean, precisely, or a judge will decide what you meant.Apparently, the plaintiffs in the recent Supreme Court of Ohio case, Alford v. [read post]
22 Jan 2018, 12:10 pm
As the reader may recall from other “Watch Your Language” articles for this Blog, because of this judicial deference to “commercial language”, you must say what you mean, precisely, or a judge will decide what you meant.Apparently, the plaintiffs in the recent Supreme Court of Ohio case, Alford v. [read post]
9 Apr 2015, 12:14 pm by Stephen Bilkis
An alternate school of thought, however, is the less technical rationale presented in People v Modica, 187 Misc 2d 635 (Crim Ct Richmond County 2001), where the court held that "[i]f the elements of the crime or crimes charged are established by the facts contained in the DIR and the DIR, upon inspection by the court, is reasonably referable to the incident alleged in the accusatory instrument, the court may rely on the non-hearsay facts contained in the DIR on determining… [read post]
8 Apr 2015, 4:01 pm by Stephen Bilkis
Moreover, facial challenges "outside of the First Amendment context" may be permissible "in the presence of a constitutionally-protected right," Dickerson v. [read post]
12 Jun 2014, 1:56 pm by Stephen Bilkis
We have a number of experts who may be able to help you. [read post]
25 May 2014, 11:08 am
Therefore, any person to whom a license has been issued may lawfully possess a firearm in his or her home. [read post]
21 May 2014, 4:35 pm by Stephen Bilkis
The defendant request a Mapp/Dunaway hearing to suppress the results of the breathalyzer test and to suppress the six beer bottles found in the motor vehicle. [read post]