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20 Feb 2017, 9:10 pm by Jon Katz
It may be tempting for the arrested co-defendants then to begin talking in hushed tones. [read post]
4 Jun 2005, 10:01 am
June 3, 2005) defendant-appellant argued "that the Sixth Amendment, as interpreted in Blakely v. [read post]
14 Jul 2010, 1:46 pm by Jon Sands
Yet, this precedent (Carpenter, 91 F.3d 1282 (9th Cir. 1996)) was pre-Booker. [read post]
2 Oct 2009, 8:39 am
In that test, the defendant bears the burden. [read post]
12 Feb 2010, 4:44 am
See Nordling, 804 F.2d at 1470 (bag abandoned when "it was virtually certain" it would be opened, inspected, and given to authorities before defendant could reassert control). [read post]
12 Oct 2009, 9:32 pm by Carl Folsom
Even though the defendant qualified for SB 123 treatment, the district court denied drug treatment in each case because the offenses were committed while the defendant was on parole.The KSC framed the question as "whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 may be sentenced to prison under K.S.A. 21-4603d(f)(1), which authorizes a departure prison sentence where the… [read post]
18 Jul 2008, 3:50 pm
Carey, 172 F.3d 1268, 1273 (10th Cir. 1999)], Officer Denger's discovery of the photographs was inadvertent and did not constitute an abandonment of the authorized search. [read post]
18 Nov 2009, 7:44 am by Second Circuit Civil Rights Blog
Wallingford Board of Education, 195 F.3d 134 (2d Cir. 1999), the only time the Second Circuit has addressed this issue in a precedential opinion, holding that the student has to show that defendants were deliberately indifferent to known discrimination such that their response was clearly unreasonable. [read post]
29 Aug 2018, 10:32 am by InvestorLawyers
  Equitybuild Finance, f/k/a Hard Money Company, LLC, is structured as a Delaware limited liability company. [read post]
3 Oct 2009, 11:08 am
Newman, 490 F.2d 993, 995 (10th Cir. 1974) (holding that marijuana that fell out of a truck as the defendants fled an illegal seizure was not abandoned because "[e]verything was triggered by the original illegal intrusion"); State v. [read post]
19 Feb 2012, 6:37 am
See Jones, 29 F.3d at 830 (finding that the defendants, who were employees of a state agency, were in privity with that state agency, which was the defendant in the first action); see also Schuster v. [read post]