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22 Dec 2010, 4:04 am by SHG
(See, e.g., People v. [read post]
20 Aug 2011, 9:05 am
On August 19, 2011 the Alabama Court of Civil Appeals released its second opinion in the matter styled G.UB.MK Constructors v. [read post]
15 Jul 2007, 2:38 am
On Thursday, in People v Garbutt, 2007 NY Slip Op 05972 the Third Department held that it is an error of constitutional (see NY Const, art I, § 2) and statutory (see CPL 270.35 [1]) dimension to substitute an alternate juror for a regular juror after deliberations have commenced, without first obtaining a defendant's written consent. [read post]
16 Jan 2012, 5:00 am by Gordon Orloff
The Supreme Judicial Court (SJC) apparently is concerned about the potential consequences of ruling in Eaton v. [read post]
9 Oct 2014, 6:38 pm by Donald Thompson
 Defense counsel’s failure to have a defendant testify at the grand jury does not, per se, constitute ineffective assistance of counsel (People v Jiminez, supra; see also, People v. [read post]
31 Dec 2010, 1:16 pm by Brian Shiffrin
[S]uch an intrusion amounts to an arrest[,] which must be supported by probable cause" (Johnson, 102 AD2d at 626; see People v Brnja, 50 NY2d 366, 372). [read post]