Search for: "MATTER OF RULES OF EVIDENCE"
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28 May 2020, 6:13 am
Thus, the appellate court affirmed the trial court ruling. [read post]
11 Oct 2013, 6:32 am
(Eugene Kontorovich) The International Criminal Court today for the first time ruled a case inadmissible, and left the matter to domestic justice. [read post]
25 Jun 2021, 11:52 am
Following the ruling, however, each matter will have to be evaluated independently to determine if just cause for ignoring the warrant requirement exists. [read post]
27 Mar 2008, 11:01 pm
” Depending upon how it is interpreted, the Comiskey decision may greatly influence the impact of a rule narrowing patentable subject matter. [read post]
14 Dec 2011, 3:06 pm
Notably, the former Rule 12(1) said nothing on the matter of diligent search. [read post]
25 May 2012, 6:32 am
And while we are hesitant to confirm as a categorical matter that the intervening circumstance of a valid arrest warrant is "of minimal importance"—after all, without it, there can usually be no attenuation of taint when physical evidence is unearthed immediately after an illegal stop—we agree that it should not be overemphasized to the ultimate detriment to the goal of deterrence that animates the exclusionary rule. [read post]
21 Jul 2008, 1:28 pm
Writing for the majority two years ago, Justice Antonin Scalia said that at least some unconstitutional conduct ought not require 'resort to the massive remedy of suppressing evidence of guilt.' The court will soon have an opportunity to clarify matters. [read post]
3 Sep 2014, 4:04 am
Specifically, the defense presented evidence that Dr. [read post]
4 Sep 2013, 6:32 pm
Although the above case is a neglect matter, the rule enunciated by the Court of Appeals applies just as equally to the instant matter. [read post]
21 Aug 2017, 12:14 pm
We handle a wide variety of matters, including gun crimes, narcotics crimes, and DWI. [read post]
4 Feb 2011, 7:23 am
36, that while the court has jurisdiction to grant such an application, there was insufficient basis on the evidence to do so. [read post]
21 Apr 2009, 5:06 am
Magistri, 549 F.3d 736 (9th Cir. 2008), which held that a securities fraud complaint must plead facts that constitute strong circumstantial evidence of scienter. [read post]
24 Jun 2022, 9:08 pm
" In light of the foregoing, and given that no contrary medical opinions were presented, the Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress is supported by substantial evidence and will not be disturbed (see Matter of Garcia v MCI Interiors, Inc., 158 AD3d 907, 908 [2018]; Matter of Curtis v Xerox, 66 AD3d 1106, 1108 [2009]). [read post]
24 Jun 2022, 9:08 pm
" In light of the foregoing, and given that no contrary medical opinions were presented, the Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress is supported by substantial evidence and will not be disturbed (see Matter of Garcia v MCI Interiors, Inc., 158 AD3d 907, 908 [2018]; Matter of Curtis v Xerox, 66 AD3d 1106, 1108 [2009]). [read post]
18 May 2012, 8:23 am
They argue that in Citizens United, the Court decided as a matter of law, not as a matter of fact, that independent corporate expenditures do not corrupt the electoral process. [read post]
2 Dec 2010, 1:58 pm
In the matter of amendment of Wis. [read post]
23 Apr 2015, 3:53 pm
But no matter what he said and how much his friends vouched, two FBI forensics experts claimed that a single strand of hair recovered near the scene of the crime matched Tribble’s DNA. [read post]
25 Jun 2020, 4:00 am
" Citing Matter of Corina-Chernosky v Dormitory Auth. of State of N.Y., 157 AD3d 1067, the Appellate Division said that "To be entitled to workers' compensation benefits for an occupational disease, a claimant must establish a recognizable link between his or her condition and a distinctive feature of his or her occupation through the submission of competent medical evidence". [read post]
24 Oct 2023, 6:00 am
Conservation, 213 AD3d 842, the Appellate Division said "Judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence", observing that "Substantial evidence 'means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'".Here, contrary to… [read post]
19 Oct 2020, 5:00 am
The court additionally noted that there was considerable evidence in this matter for the jury to conclude that the Plaintiff was injured and would require treatment in the future. [read post]
