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12 Dec 2011, 3:00 pm
Constitution is violated when hearsay is "testimonial," admitted against a criminal defendant, and the hearsay declarant does not testify at... [read post]
13 Nov 2021, 3:11 am
(BTW what does it say about our immigration judges that there is a webinar with this title?). [read post]
4 Jun 2011, 8:47 am
Constitution is violated when hearsay is "testimonial," admitted against a criminal defendant, and the hearsay declarant does not testify at... [read post]
4 Sep 2008, 2:26 pm
Byron Stier of Southwestern has a new paper (via Robinette) on a source of asymmetric injustice aimed at defendants in mass torts, though it must be said the alternative of frankly inviting inconsistent verdicts does not inspire confidence either. [read post]
15 May 2011, 5:54 am
Constitution is violated when hearsay is "testimonial," admitted against a criminal defendant, and the hearsay declarant does not testify at... [read post]
31 Oct 2008, 3:36 pm
Truth is a complete defense to a defamation charge, but a defendant does not have to prove the... [read post]
27 Jan 2012, 8:26 pm
Prior to full discovery, what remedy does the defendant have if a confidential witness was misquoted in the complaint? [read post]
29 May 2011, 8:59 am
Constitution is violated when hearsay is "testimonial," admitted against a criminal defendant, and the hearsay declarant does not testify at... [read post]
27 Mar 2007, 11:29 pm
"Does the defendant have anything he wishes to say before sentencing? [read post]
4 Apr 2024, 5:00 am
Wyoming, the Wyoming Supreme Court ruled that Wyoming’s voyeurism statute does not require proof of “looking,” and that the defendant’s wife had authority to consent to the search… [read post]
13 Jul 2018, 1:59 pm
The Baltimore City Law Department plans to file a motion in the coming weeks arguing the city does not have to indemnify any of the Gun Trace Task Force officers named as defendants in civil lawsuits. [read post]
4 Nov 2011, 5:00 am
[It doesn't require the defendant testify, but sometimes it does, but so what? [read post]
20 Jun 2007, 1:22 pm
What does come in, is a guilty plea. [read post]
26 Mar 2015, 8:20 pm
Not only does this fat pattern not satisfy the elements of Manslaughter in the First Degree, there is no other applicable homicide offense in the Penal Law. [read post]
18 Dec 2007, 8:48 am
Doe in court documents, can proceed in Tippecanoe Superior Court 2.Attorneys for the defendants, Tippecanoe County Prosecutor Pat Harrington and Sheriff Tracy Brown, requested a hearing to dismiss the complaint. [read post]
11 Sep 2012, 9:47 am
The decision came in a case, In re Innovatio Ventures, LLC Patent Litigation, that does not involve an alleged violation of the Wiretap Act. [read post]
4 Jun 2008, 4:00 am
Jon Katz ADDENDUM: Armed with the foregoing caselaw, how does a defendant exclude evidence of a defendant's refusal to submit to field sobriety tests in a drunk driving case? [read post]
28 Nov 2018, 7:14 am
On remand, the defendant tried another tactic. [read post]
5 Feb 2011, 2:30 pm
"Winning" a case does not always mean the defendant is acquitted -- it can mean that a defendant who is charged with first degree murder is convicted of manslaughter. [read post]
16 Sep 2010, 2:51 pm
Thus, Article 16 does not avail a defendant in a claim to recover lost earnings or unreimbursed medical expenses. [read post]