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14 Apr 2008, 6:08 am
The district court granted summary judgment to the defendants, concluding that (1) Hamilton failed to establish a prima facie case of retaliation, and alternatively, (2) she failed to make the required showing that defendants' proffered reason for firing her â€â [read post]
5 Oct 2018, 7:54 am by The Law Office of John Guidry II
  This is the defendant’s opportunity to propose instructions, make objections to instructions, and request specific instructions to address issues that pertain to the trial. [read post]
20 Jan 2011, 1:55 pm by Richard D. Friedman
But it does seem to me that the problem could be cured by a simple statutory fix: If the defense declines a pre-trial request to stipulate to admissibility of the report (or, in those states having a notice-and-demand statute, makes a demand), it must assert that it does not intend to stipulate to admissibility of the report if the witness appears at trial ready to testify. [read post]
8 Nov 2013, 3:24 pm by Stephen Bilkis
Significantly, the accusatory instrument also does not allege the date on which the defendant was convicted or whether he was sentenced as a sex offender before or after January 21st. [read post]
22 Jun 2020, 6:31 am by JB
This reading makes particular sense given the textual connections between The Preamble, Article I, section 18, Article II, Article III, section 2, Article V, Article VI, and Article VII.According to Article VII, until the Constitution is ratified by nine states, it does not come into effect. [read post]
24 Oct 2018, 11:38 am by John Floyd
”   When a defense attorney does not object to a constitutional error during a trial as was the case with Garcia’s attorney, the defendant can secure relief on appeal under the plain error doctrine if she can show “(1) error, (2) that is plain, and (3) that affects substantial rights. [read post]