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iStock_000000215912XSmall.jpg Witness testimony that the defendant made a telephone threat to his girlfriend was inadmissible hearsay; the government could not rely on the statement alone to meet its burden to establish the foundation to show that the girlfriend was making a statement as an agent of the defendant, under FRE 801(d)(2)(D), or made an authorized party statement, under FRE 801(d)(2)(C); error in admitting the statement was harmless,… [read post]

Federal Evidence Review Blog - http://federalevidence.com/blog

U. S. Court of Appeals for the Federal Circuit, ADC TELECOMMUNICATIONS, INC. v. United States, Docket No. 2018-1316, Circuit Judge Wallach

2 Jun 2019, 12:26 pm

§3004(c)(1) (2012); see Chemtall, Inc. v. [read post]

Frederic Borel - http://fredericborel.blogspot.ch/

TN: State's failure to raise lack of standing in trial court was waiver for appeal; defendant's oral amendment of motion in trial court was sufficient

4 Nov 2011, 5:36 am

State v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

D.Conn.: The issue under the automobile exception is “inherent mobility,” not “probable mobility”

5 Nov 2010, 2:13 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Oral Argument Preview: Defendant on Post-Release Control, New Felony Offense, Required Plea Advisements. State of Ohio v. Dustin Bishop.

10 Jul 2018, 10:46 am by MBettman

State v. [read post]

Legally Speaking Ohio - http://www.legallyspeakingohio.com

D.Minn.: Seven month old information in a CP case is not stale

1 Nov 2010, 1:21 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

State Income Tax Rate Comparison

28 Mar 2008, 5:00 am

  TEXAS No State Income Tax  UTAH 2.30 - 6.98 (t) 6 1,000 (b) - 5,501 (b) 2,550 (d) 5,100 (d) 2,550 (d) * (t) VERMONT (a) 3.6 - 9.5 5 30,650 (u) 336,551 (u) 3,400 (d) 6,800 (d) 3,400 (d) VIRGINIA 2.0 - 5.75 4 3,000 - 17,000 900 1,800 900 WASHINGTON No State Income Tax  WEST VIRGINIA 3.0 - 6.5 5 10,000 - … [read post]

Law Firm Marketing & Management Systems - http://lawmarketingsystems.typepad.com/my_weblog/

CA10: Defendant's briefly backing up during stop was not a submission to authority

22 Jun 2010, 6:50 am

State v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Artis v. District of Columbia, J. Gorsuch, with whom JJ. Kennedy, Thomas, and Alito join, dissenting, Docket No. 16-460

27 Mar 2018, 12:48 pm

Supp. 700, 702 (ED Pa. 1957) (“Statutes of Journey’s Account originated in England and have long existed, in varying forms, among the states”).Limitations periods for state law claims fall well within the peculiar province of state sovereign authority. [read post]

Frederic Borel - http://fredericborel.blogspot.ch/

D.Mont.: Polygraph not a "search" for Fourth Amendment purposes

16 Aug 2011, 6:22 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

D.S.C.: No Fourth Amendment requirement to show SW before execution

10 Aug 2011, 1:33 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Ineffective Assistance of Counsel–When the Sentencing Guidelines’ Language Controls the Commentary: United States v. Winstead, _ F.3d _ (D.C. Circuit, No. 12-3036 (May 25, 2018)

27 May 2018, 8:27 pm by The Blog Team

Based on the Circuit’s decision in United States v. [read post]