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12 Jan 2013, 6:33 am
As SCOTUS declared back in 1962, “[f]ew will persist in their initial refusal to talk . . . if this monologue is employed correctly,” but the court disallowed the tactic because it placed the defendant in a position where exercising a constitutional right would be used at trial to infer guilt. [read post]
7 Apr 2023, 11:24 am
Many states have abolished the rule of lenity, which requires ambiguities in criminal laws to be interpreted in the defendant's favor. [read post]
11 Sep 2009, 7:59 am
Phillip Morris USA, Inc., 449 F. [read post]
11 Sep 2009, 7:59 am
Phillip Morris USA, Inc., 449 F. [read post]
11 Sep 2009, 7:59 am
Phillip Morris USA, Inc., 449 F. [read post]
22 Sep 2011, 11:15 am
But Assistant State's Attorney Sandra F. [read post]
27 Sep 2009, 11:58 pm
See Jefferson, 382 F.3d at 1296. [read post]
22 Jun 2011, 3:24 am
., 639 F.3d 1239 (10th Cir. [read post]
25 Jun 2010, 6:23 am
Conway, John F. [read post]
8 Apr 2014, 4:00 am
In In re Late Fee and Overlimit Fee Litigation, 741 F.3d 1022 (9th Cir. [read post]
18 Jul 2011, 4:36 am
Mapp, 476 F.3d 1012, 1017 (D.C. [read post]
6 Aug 2023, 12:16 pm
In the motion, Smith argued that “[i]f the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case. [read post]
4 Aug 2009, 10:09 pm
Windsor Insurance Co., 31 F.3d 1092, 1097 (11th Cir. 1994). [read post]
7 Oct 2009, 3:47 am
United States, 555 F.3d 1234 (10th Cir. [read post]
25 Nov 2009, 12:39 am
Norman, 415 F.3d 466 (5th Cir. 2005) (per curiam) (No. 04-20177) Identification issues can present unique challenges and can arise in different manners at trial. [read post]
29 Jan 2009, 4:44 am
Intel seeks a determination that AGLI has a duty to defend it in the antitrust action. [read post]
10 May 2010, 11:58 am
Weaver, 636 F. [read post]
12 Oct 2015, 3:34 am
Mays, 69 F.3d 116 (U.S. [read post]
9 Jul 2010, 5:26 am
The majority opinion is, for lack of a better word, Kozinski-esque, which compelled Judge Ferdinand F. [read post]
8 Oct 2013, 6:30 am
Litig., 592 F. [read post]