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Previously the test for “dishonesty” laid down in R v Ghosh [1982] QB 1053 required the prosecution to prove (1) that the actions of the defendant were dishonest by the lay objective standards of ordinary, reasonable and honest people and (2) that the defendant must have realised that ordinary honest people would regard his behaviour as having fallen below those standards. [read post]
17 Dec 2010, 3:10 pm by cf
So When I read Joan Cornow's characterization of it on her KauaiEclectic blog today in a post explaining her lack of sympathy for rich people I felt competent and compelled to offer a correction. [read post]
29 Oct 2010, 9:18 am by Steven G. Pearl
People seem to forget that the Court has no deadline for hearing cases on its docket, as demonstrated by the fact that it took more than five years to decide Martinez v. [read post]
13 Jan 2014, 12:07 pm by Orin Kerr
On that view, the people ultimately get to decide what the Constitution means because they can amend the Constitution however they want pursuant to Article V (as long as they don’t interfere with equal suffrage in the Senate). [read post]
23 Mar 2009, 3:18 pm
We agree with defendant that the court's statements do not amount to a description of the range of the potential sentences but, rather, they constitute impermissible coercion, "rendering the plea involuntary and requiring its vacatur" (People v Fanini, 222 AD2d 1111; see People v Stevens, 298 AD2d 267, 268, lv dismissed 99 NY2d 585; People v Wilson, 245 AD2d 161, 163, lv denied 91 NY2d 946). [read post]
20 Aug 2014, 2:54 pm by Jon
That just is not the way the people of that era thought. [read post]
7 Nov 2006, 6:53 am
., the invention), people are cognitively incapable of preventing that information from influencing their understanding of past events. [read post]
27 Aug 2016, 4:41 am by SHG
The Sixth Circuit Court of Appeals has ruled in Doe v. [read post]