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4 Jun 2011, 9:44 am by Brian Shiffrin
In People v Stith (69 NY2d 313 [1987]) the Court of Appeals held that the People must timely object to a defendant's failure to prove standing in order to preserve that issue for appellate review. [read post]
9 Feb 2013, 12:32 pm by Michael J.Z. Mannheimer
”  But sometimes Marks is difficult to apply; Baze v. [read post]
16 Nov 2023, 4:00 am by Shea Denning
Mercado, 307 F.3d 1226, 1229 (10th Cir. 2002) (determining that the automobile exception applied to warrantless search of van that was temporarily inoperable due to mechanical problems) and People v. [read post]
22 Jul 2021, 4:04 am by Jeremy Telman
The volume includes some opinions that touch on contracts issues that may be of interest, even to people like me, who run... [read post]
21 Feb 2020, 4:54 am by SHG
Despite all of this and despite the presumed lens through which Wypijewski walked into the courtroom in the trial of The People of the State of New York v. [read post]
30 Aug 2019, 9:32 pm by Stephen Bilkis
People v Smith In the case People v Gonzales (68 NY2d 424 [1986], the court outlined the conditioned required for a missing witness charge and burden shifting analysis. [read post]
30 Oct 2012, 4:14 am by sally
Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295 “A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. [read post]
24 Jan 2010, 12:07 pm
Unfortunately for the Amerikat, most people general despise the month of January and shut themselves away in the warmth of their homes, to await the ides of March. [read post]
23 Nov 2013, 2:31 pm by Stephen Bilkis
That traditional approach was liberalized by the New York Court of Appeals in the cases of People v Stone (1974) and People v Sugden (1974). [read post]
17 Nov 2011, 9:06 am by jpfaff
”] The first sentence is quote from Withrow v Larkin, and thus it could be seen as Roberts relying on precedent. [read post]
10 Nov 2017, 5:29 am by Chris Seaton
No less an authority than the United States Supreme Court declared this a non-issue this year when they denied certiorari in Davis v. [read post]
29 Dec 2013, 3:13 pm
In People v Linzy and People v Blank, it was held that if this distinction between procedural and substantive changes in the law were mechanically applied, there would be no doubt that the repeal of corroboration laws would not be encompassed within the Ex Post Facto Clause, since such laws do not add to the legislatively defined sex crimes, do not alter the elements of existing crimes, do not elevate the punishment for existing crimes and are generally treated as… [read post]
21 Jul 2008, 4:59 pm
We know that last month’s Supreme Court ruling in Heller v. [read post]