Search for: "Howe v. People"
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24 Apr 2007, 2:54 pm
How can you not want to read this case? [read post]
29 Mar 2020, 10:27 am
A single publication can only result in a single defamation claim under this rule, regardless of how many people are exposed to the statement in the future. [read post]
7 Oct 2020, 5:00 am
To allow it to be fettered is to fetter ourselves.Grosjean v. [read post]
26 Apr 2010, 12:00 pm
Anyway, I like how the trial court addressed the problem, and liked what the Court of Appeal did as well. [read post]
26 Mar 2012, 6:17 am
Unfortunately, though, that is what happened to our client in People v. [read post]
25 Mar 2021, 2:13 am
How could anyone not see it?! [read post]
5 Feb 2020, 1:10 pm
"The point is this: Yes, it'd be remarkably random for Wear to interject in a text fight about flirting with people over Facebook that he intended to kill some random guy not involved at all in the whole Facebook dispute. [read post]
23 Mar 2007, 1:30 pm
And I'm sufficiently worried about convicting innocent people that this is a problem for me.Obviously one way to avoid this is simply not to let people defend themselves, and I think there's something to that -- even though there's a whole lot on the other side as well. [read post]
11 Oct 2013, 1:03 pm
So yesterday I blamed my employer, and today, I will blame the courts.In the meantime, let's ask a difficult epistomological question: How does one decide whether a 13-year old child had sufficient "malice" in his heart to qualify under the arson statute? [read post]
28 Aug 2014, 3:59 pm
Plus, it involves a fascinating issue -- whether it's relevant in a woman-on-girl molestation trial that the alleged perpetrator is a lesbian -- as well as a scintillating dynamic in this particular case of how the prosecutor used this information notwithstanding the trial judge's reluctance to/instructions about not letting it in.In short, read the whole thing. [read post]
22 Dec 2023, 12:25 pm
It was in the probable cause part, so it's allowed.That's not how we traditionally view warrants. [read post]
25 Jun 2020, 1:35 pm
This California Supreme Court decision resolves a complicated question about whether a particular sentencing statute is retroactive and, if it is, how that retroactive effect is to be effectively accomplished. [read post]
27 Sep 2023, 8:42 am
As in many domestic violence cases, here, the victim is the only eyewitness besides the alleged perpetrator to the actual crime, and is the only one who can testify as to how she received her injuries.Despite the fact the key piece of evidence is an (admissible) hearsay statement from the victim's 911 call, the trial court erroneously refuses to allow multiple (admissible) hearsay statements from the victim that contradict her statements in the 911 call and in which she repeatedly… [read post]
16 May 2016, 3:08 pm
Maybe, in a perfect world, we would all concisely (and accurately) describe the opinion as revolving around the degree to which "expert testimony explaining how [a defendant's] past history of trauma was likely to affect his mental state at the time of the offense. [read post]
7 Apr 2015, 2:14 pm
"Still, isn't it interesting how what we might characterize as "stuff we commonly carry to fix things around the house" become "burglary tools" in the hands of others. [read post]
21 Nov 2016, 3:48 pm
But you should already know how it turns out.Reversed and remanded for a new trial.Hopefully one that isn't a farce. [read post]
11 Aug 2020, 8:23 am
Many death penalty cases are relatively straightforward, at least in terms of motivation or why and how things went down as they did. [read post]
5 Sep 2019, 8:30 am
See Obergefell v. [read post]
1 Jul 2021, 8:20 am
Supreme Court released a decision in Brnovich v. [read post]
3 Aug 2007, 1:18 am
But some V-6s I've seen charge a boatload of money to sell their clients down the river. [read post]
