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13 Jan 2012, 3:33 pm
(Eugene Volokh) In today’s United States v. [read post]
2 Jan 2012, 8:46 am
Under those circumstances, we conclude that defendant did not knowingly waive his right to appeal with respect to Supreme Court's denial of the request by defendant for youthful offender status at sentencing (see generally People v McCarthy, 83 AD3d 1533, lv denied 17 NY3d 819; People v Fehr, 303 AD2d 1039, lv denied 100 NY2d 538; People v Hendricks, 270 AD2d 944). [read post]
13 Aug 2011, 3:17 pm
But in a second decision, Pliva v. [read post]
14 Aug 2007, 12:08 pm
Hilzoy of Obsidian Wings says: There is, by now, a whole genre of mea culpas written by people who support Iraq. [read post]
22 Apr 2014, 6:05 pm
The Case of Navarette v. [read post]
4 Dec 2008, 12:10 pm
Carlson v. eHarmony.com, Los Angeles Superior Court Case No. [read post]
7 Dec 2011, 6:32 pm
This kind of appraisal fraud allegation is behind the New York Court of Appeals decision in People v. [read post]
15 Apr 2011, 3:57 pm
Today was an up-and-down day for many people. [read post]
13 Sep 2014, 6:53 am
Case six: Zhang Hongjun v. [read post]
18 May 2017, 4:21 pm
In 2010, the Supreme Court of Canada, in Rio Tinto Alcan Inc. v. [read post]
25 Feb 2009, 3:55 am
Donny Kevin Davis v. [read post]
8 Aug 2014, 6:05 pm
The People have the initial burden of going forward to show the “lack of any undue suggestiveness” (People v Chipp, 75 NY2d 327, 335 [1990]; People v Ortiz, 90 NY2d 533 [1997]). [read post]
28 Oct 2016, 2:11 pm
” (See Masson v. [read post]
22 Apr 2009, 7:28 pm
In Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 the New South Wales Supreme Court has decided in favour of ASIC's civil claim that a number of statements in the Draft ASX Announcement by James Hardie to the effect that the Foundation would have sufficient funds to meet all legitimate Asbestos Claims, that it was fully funded and provided certainty for people with legitimate Asbestos Claims were false or misleading and that… [read post]
3 Sep 2014, 10:39 am
There has also been much talk about the talk, whether people advising against engaging in behavior that makes such invasions of privacy possible are "blaming the victim. [read post]
1 Jun 2009, 12:35 pm
The Court of Appeals held in People v Grajales (8 NY3d 861 [2007]) that the People are not required to give 710.30 notice of identifications of the defendant made during a photo identification procedure, such as an array The Court reasoned that because testimony regarding photographic identification procedures is not admissible, the People cannot "intend to offer at trial" such testimony. [read post]
12 Jun 2011, 5:38 pm
As the Court explained"Reversal [of that conviction and dismissal of the ninth count] is required because the jury may have convicted defendant of an unindicted [attempted murder], resulting in the usurpation by the prosecutor of the exclusive power of the [g]rand [j]ury to determine the charges" (People v McNab, 167 AD2d 858, 858; see People v Comfort, 31 AD3d 1110, 1111, lv denied 7 NY3d 847). [read post]
30 Dec 2013, 3:17 pm
As held in People v Lewis, People v Ventimiglia, People v Santarelli and People v Allweiss, it is elementary that evidence of a defendant's prior criminal or immoral conduct is inadmissible if it cannot logically be linked to some specific material issue in the case. [read post]
2 Jun 2011, 5:35 pm
On June 1, 2011, the Michigan Supreme Court denied leave to appeal in People v Richardson, No. 142334, a case involving an allegation of prosecutorial misconduct. [read post]
25 Nov 2010, 8:46 pm
In People v. [read post]
