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12 Dec 2011, 3:00 pm by Evidence ProfBlogger
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 by Immigration Prof
(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 by Evidence ProfBlogger
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 by Evidence ProfBlogger
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 by Lyle Roberts
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 by Evidence ProfBlogger
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 by John Q. Prosecutor
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 by Heather Cobun
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]
26 Mar 2015, 8:20 pm by Donald Thompson
 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 by Steve Satterfield
  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]
5 Feb 2011, 2:30 pm by Mary Whisner
"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 by William A. Ruskin
Thus, Article 16 does not avail a defendant in a claim to recover lost earnings or unreimbursed medical expenses. [read post]