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12 Jan 2013, 6:33 am by Gritsforbreakfast
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 by Ilya Somin
Many states have abolished the rule of lenity, which requires ambiguities in criminal laws to be interpreted in the defendant's favor. [read post]
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]
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]
9 Jul 2010, 5:26 am by Eric Lipman
The majority opinion is, for lack of a better word, Kozinski-esque, which compelled Judge Ferdinand F. [read post]