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16 Nov 2016, 10:14 am
Evidence of ordinary negligence does not create a material question of fact concerning gross negligence. [read post]
22 Apr 2005, 2:44 am
Puerto Rico's Constitution does not allow for the death penalty, so we have only gotten death penalty prosecutions as a result of federal prosecutions. [read post]
2 Aug 2011, 3:59 pm
In order to set the record straight, this paper will discuss the following 10 facts about SORNA:SORNA is sufficiently funded.Jurisdictions get federal grants for a reason.SORNA is flexible.Tiering is objective, uniform, and flexible.The Department of Justice supports jurisdictions seeking compliance.Teen consensual sex is not a registerable offense.Juvenile convictions do not have to be publicly posted.Retroactivity does not violate the ex post facto law.The Constitution grants Congress the… [read post]
13 Mar 2020, 1:06 pm
The “defend forward” approach is the right one. [read post]
10 Feb 2013, 4:48 am
We are committed to fulfilling our responsibility to our customers and investors by licensing our assets and by defending our rights in court when necessary'". [read post]
25 Jan 2016, 8:20 am
In fact, many were submitted immediately upon the defendant’s being arrested and before he was even brought before a judicial officer for formal commitment. [read post]
5 Aug 2013, 4:05 pm
Furthermore, the statute does not constitute cruel and unusual punishment as applied to the defendant; although the defendant had no prior criminal record, the amount of cocaine sold in this case was substantial. [read post]
28 Jan 2013, 6:51 pm
However, this argument does not stand up. [read post]
19 Feb 2009, 1:39 am
Within recent years, we have defended such a claim. [read post]
4 Aug 2010, 3:57 pm
District Judge Vaughn Walker has held the California gay marriage ban unconstitutional--one is tempted to say "resoundingly unconstitutional," as in "we find the defendants incredibly guilty. [read post]
23 Apr 2011, 4:09 pm
Over the years, standardized penalties and fines have changed, as well as the the strategies for defending a client on a charge of DUI. [read post]
29 Dec 2012, 12:32 pm
The court rejected the motion filed by the defendant. [read post]
21 May 2014, 3:00 am
District Court for the Western District of Washington held that a recent Supreme Court opinion in a wholly separate case does not reset the 30-day removal window under 28 U.S.C. [read post]
3 Dec 2018, 8:16 am
If you are convicted of a crime, that does not necessarily mean you can no longer appeal your conviction or sentence. [read post]
8 Oct 2019, 5:58 pm
A guilty plea does not always guarantee a lesser sentence; however, as the court is free to sentence a defendant to the maximum punishment permitted. [read post]
15 May 2009, 2:06 am
As some of you may know, the Federal Rules of Civil Procedure mandate that a second voluntary dismissal, regardless of whether the plaintiffs denominate it as "without prejudice", operates as an "adjudication on the merits".In all of the known cases, the RIAA's litigation process starts out with a "copyright infringement" against the defendants, naming them as "Does".Almost all of those "Doe" cases are voluntarily… [read post]
19 Jun 2017, 11:56 am
Under the second part of the framework, the court has permitted state courts to assert “specific” jurisdiction over defendants only if the claims are related to the defendants’ contacts with the particular state. [read post]
30 Jul 2013, 1:54 pm
Section 722-b does not use the word 'trespassing.' [read post]
15 Mar 2019, 6:01 am
The post Does Company Car Insurance Provide Coverage Before Employee Arrives At Work? [read post]
20 Sep 2022, 9:13 am
What Does This Mean For U.S. [read post]