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25 Jul 2011, 3:41 pm
Count 2 charges defendant with linking to bombmaking instructions, with the intent that they be used for criminal purposes (an issue I discuss, among others, in my Crime-Facilitating Speech article). [read post]
15 Mar 2017, 12:03 pm
Pursuant to North Carolina General Statutes § 14-100, our Supreme Court has defined this offense as `(1) a false representation of a subsisting fact or a future fulfillment or event, (2) which is calculated and intended to deceive, (3) which does in fact deceive, and (4) by which one person obtains or attempts to obtain value from another. [read post]
6 Dec 2011, 1:03 pm
See Defendant’s Motion to Dismiss at 3 n. 2. [read post]
10 Mar 2023, 9:25 am
Defendant argued that it is five categories—the first part of the sentence is broken into three categories: evidence (1) filed, (2) served, and (3) submitted for consideration. [read post]
29 May 2013, 9:56 am
Beyond that, the decision does not break substantial new ground. [read post]
15 Feb 2022, 1:17 pm
Nov. 2, 2021) Decided: November 2, 2021 How does the relatively new substantial hardship enhancement apply when the victim is a business? [read post]
15 Feb 2022, 1:17 pm
Nov. 2, 2021) Decided: November 2, 2021 How does the relatively new substantial hardship enhancement apply when the victim is a business? [read post]
20 Oct 2011, 6:46 pm
The Court of Appeals ruled that under subdivision three "it was the employment of such an instrumentality that was significant" (Pena, footnote 2). [read post]
20 Oct 2011, 6:46 pm
The Court of Appeals ruled that under subdivision three "it was the employment of such an instrumentality that was significant" (Pena, footnote 2). [read post]
19 Jul 2009, 11:00 pm
It took them 2 1/2 years to get to that size. [read post]
2 Nov 2014, 9:40 am
Had the jury been aware of the fact: (1) that RH was let out on bail in order to find 'John Doe' and 'Richard Roe;' (2) that he then led the police to the PKS brothers; and (3) that after they had been arrested he was sentenced as a second felony offender to a term of only 2 1/2 to 5 years, the jury might have evaluated differently his identification of the defendant and his brother at the trial. [read post]
13 Aug 2010, 11:09 am
All summaries are produced by Findlaw August 2-6, 2010. [read post]
5 Jun 2014, 12:27 am
It does depend. [read post]
21 Nov 2016, 5:51 am
2:11-3(e)(2). [read post]
21 Jun 2019, 4:16 pm
In order to convict an unauthorized immigrant for gun possession, a federal prosecutor must prove not only that the defendant knew he possessed the gun but also that he knew he was out of immigration status, the Supreme Court ruled 7-2 on Friday in Rehaif v. [read post]
12 Apr 2015, 4:17 pm
The JV must therefor sue to defend its rights. [read post]
5 Aug 2007, 11:16 am
To aid class action defense attorneys in defending against securities class action lawsuits, we provide the text of the Private Securities Litigation Reform Act of 1995 (PSLRA). [read post]
13 Jul 2018, 5:01 am
On another call, lasting 2 minutes according to the plaintiff’s telephone bills, the defendant charged for one-half hour because her policy is to round up to the nearest half-hour. [read post]
5 Jan 2023, 10:48 am
" The Supreme Court has "repeatedly recognized that the commission of a constitutional error at trial alone does not entitle a defendant to automatic reversal. [read post]
14 Jan 2020, 9:45 am
So what inquiry does Section 924(e)(2)(A)(ii) demand? [read post]
