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16 Apr 2021, 12:23 pm by Barry Leiwant
Nevertheless, because his current conviction would be a lesser …The post Second Circuit holds that the First Step Act provision limiting the sentencing enhancement based on a prior drug offense does not apply retroactively at a First Step Act resentencing. appeared first on Federal Defenders of New York Blog. [read post]
3 Jan 2018, 9:48 am by Jeffrey Carr
A common strategy for experienced personal injury attorneys is to control the flow of information that a defendant receives. [read post]
3 Jan 2018, 9:48 am by Jeffrey Carr
A common strategy for experienced personal injury attorneys is to control the flow of information that a defendant receives. [read post]
21 Apr 2017, 7:20 am by Docket Navigator
The Court . . . explained that a patent 'does not cover the manufacture or sale of separate elements capable of being, but never actually, associated to form the invention.' But contrary to the decision in Deepsouth, [plaintiff] argues that [defendant] directly infringed the asserted claims even though, under this theory, [defendant] did not assemble the software components into the accused product. [read post]
22 Nov 2006, 9:00 pm
Sadly, Virginia law does not guarantee enough discovery to criminal defendants:  "There is no general constitutional right to discovery in a criminal case, even where a capital offense is charged. [read post]
7 Oct 2013, 4:45 am by Jon Hyman
How does an employer prove that it never made such a promise to an employee? [read post]
23 Jun 2016, 10:29 am by Mark Rumold
According to the court, the federal government does not need a warrant to hack into an individual's computer. [read post]
15 May 2023, 7:40 am
In fact, Tennessee does not even have a medical marijuana program in place, which should give you an idea of their opinion on the drug. [read post]
4 Oct 2013, 5:29 pm by Stephen Bilkis
Unfortunately, the answer from the Department of Probation does not provide much assistance to this court in the resolution of the motion. [read post]
29 May 2007, 7:46 am
" In County of Nassau v Pazmino, 2007 NY Slip Op 04436, the Second Department held last week that Nassua's § 8-7.0(g) does not violate Civil Rights Law § 79-b. [read post]
9 Jun 2017, 9:30 am by Neumann Law Group
MCL 691.1407(2) provides qualified government immunity from tort liability to government employees acting within the scope of their authority and engaging in the exercise of a government function, provided the employee’s conduct does not amount to gross negligence that is the proximate cause of the injury or damage. [read post]
25 Oct 2023, 11:50 am
A skilled defense attorney can help protect your rights and defend you in court if you are accused of a hate crime. [read post]
11 Dec 2013, 8:50 am by Jaclyn Belczyk
Cheever [SCOTUSblog backgrounder] that the Fifth Amendment [text] does not prohibit the government from introducing evidence from a court-ordered mental evaluation of a criminal defendant to rebut that defendant's presentation of expert testimony in support of a defense of voluntary intoxication. [read post]
26 Mar 2009, 7:41 pm
" One attorney does not have the right to ask another attorney to agree to a settlement that requires their opposing counsel to agree in advance not to take on another case against the same defendant. [read post]
9 Sep 2021, 6:28 am by Ezra Rosser
New Article: David Schleicher, Exclusionary Zoning’s Confused Defenders, forthcoming Wisc. [read post]