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21 Aug 2008, 2:56 pm
Place, 462 U.S. at 717; Terry, 392 U.S. at 30; Garcia, 23 F.3d at 1334-1336; Peters, 10 F.3d at 1522-1523. [read post]
26 May 2008, 1:45 am
Sentencing Loss Amounts: "Defendants argue that their sentences must be vacated because the district court erred in relying on . . . 2(F)(v)(III) to calculate the loss caused by the fraud. [read post]
2 May 2012, 8:42 am by Jon Sands
Parker, 651 F.3d 1180 (9th Cir. 2011), which held that a stretch of highway where protesters gathered was not in the exclusive possession of the federal government because of an easement, given to the state and transferred to the county. [read post]
18 Jun 2008, 5:48 pm
Herbert, 331 F.3d 217, 248-249 (2d Cir. 2003)("The Confrontation Clause is violated when a defendant is 'prohibited from engaging in otherwise appropriate cross-examination designed . . . to expose to the jury the facts from which jurors . . . could appropriately draw inferences relating to the reliability of the witness'") (quoting Delaware v. [read post]
7 Jan 2010, 6:43 am
The officer got defendant's consent to take and search his computer by saying that he wanted the child pornography to locate the abused children. [read post]
12 Mar 2016, 10:29 am by Christy Love
Ross, 703 F F.3d 856, 868 (6th Cir. 2012) the Sixth Circuit  found that when a “defendant waives his right to counsel through dilatory conduct,” “the Constitution does not require a court to engage in an extended discussion about the repercussion of the waiver. [read post]
19 Mar 2022, 11:54 am by Eric Goldman
Gellis believed that F-Factor harmed consumers, a message she delivered in 4,500 posts over 75 days. [read post]
30 Jun 2009, 5:51 am by A. Benjamin Spencer
Richardson, 812 F.2d 121, 125 (8th Cir.1987) (holding, without discussion of the verbal/written distinction, that defendant's mistaken belief that plaintiff had made apparently oral complaints to supervisors was grounds for suit); Brennan v. [read post]
27 Jul 2010, 7:56 am by christopher
448 F.3d 605 (2006) BILL GRAHAM ARCHIVES, Plaintiff-Appellant, v. [read post]
7 Nov 2007, 4:11 am
Defendant's handcuffing was not a minimal intrusion, and it was not based on reasonable suspicion. [read post]