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28 Aug 2013, 4:01 pm
The other three violations—of section 1128 (a), section 1163 (d) and section 375 (2) (a) (1), failure to maintain a lane, illegal turn, and no headlights, respectively—are traffic infractions. [read post]
18 Sep 2014, 5:01 pm
However, at no point does the defendant express an intention of offering a defense of justification nor allege any facts tending to show that that defense is available. [read post]
12 Jul 2014, 8:46 pm
This court is not aware of any cases applying CPL 20.40 (2) (c) to confer jurisdiction over a prosecution charging a defendant with failure to register under SORA. [read post]
3 Oct 2013, 3:45 pm
This is so because a chemical test does not require defendant to provide evidence of a testimonial or communicative character and therefore does not implicate defendant's right against self-incrimination. [read post]
26 Sep 2007, 7:38 pm
Everett Flannery, in his capacity as Kennebec County Sheriff, was later added as a defendant. [read post]
31 Jan 2008, 2:30 pm
§ § 2, 113(a)(6), and 1153.HELD:(1) Where defense counsel objects to improper comment by prosecutor, but does not object to sufficiency of district court's curative instruction, content of instruction is reviewed only for plain error.(2) Prosecutor's use of "societal alarm" argument urging jury to convict in order to tell defendant " that he had no justifiable sufficient legal right to sucker punch [victim], to scar… [read post]
28 Sep 2018, 2:28 pm
The post Collateral Source Rule Applies to Louisiana Workers’ Compensation Insurance Payments—or Does It? [read post]
10 Jul 2023, 7:28 pm
How does this work in criminal cases? [read post]
13 Apr 2010, 9:11 am
., 35 FLW 666, 4th DCA, Florida’s implied consent statue does not require police officers to advise persons arrested for DUI that the right to counsel does not attach to their decision to submit to the breath test. [read post]
13 Dec 2009, 3:22 pm
Put another way…, does either body constitute in effect an alter ego of the High Court? [read post]
16 Mar 2016, 11:58 am
The scholarly debate boils down to two interesting propositions: 1) we do not need the DTSA because it changes everything; and 2) we need the DTSA because it does not change anything. [read post]
3 Oct 2014, 4:01 pm
Doe v. [read post]
13 Sep 2010, 10:05 pm
How many lawyers does it take to change a light bulb? [read post]
28 Feb 2007, 12:27 am
Mejia-Pimental, No. 05-30604 (2-26-07). [read post]
30 Jan 2012, 11:35 am
[Defendant] argues that it is a reputable business that does business in at least sixteen countries, so collection of a judgment against it would not be difficult. . . . [read post]
21 Oct 2013, 12:26 pm
Mich., No. 2:13-cv-11943-GER-MKM, ruled it permissible to serve a foreign defendant website operator based in the UK via email and Facebook message, where it was not possible to otherwise locate a physical address for service from the registered address of the defendant’s website. [read post]
9 Sep 2013, 11:25 am
Proposal 2 But by the same token, these views do not make Proposal 2 unconstitutional. [read post]
5 Sep 2018, 11:20 am
The court rejected that argument because “[c]onsent is specific to one action and does not extend to other cases. [read post]
3 Aug 2016, 1:43 pm
The post Does State v. [read post]
3 Aug 2016, 1:43 pm
The post Does State v. [read post]
