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24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
5 Jan 2007, 7:00 am
Further, under Shepard, the characteristics of generic burglaries, such as those encompassed within the nongeneric the Oregon statute, must be established with Sixth Amendment compliance as a matter of statutory construction.Which brings us to the grant of rehearing en banc in Grisel. [read post]
6 Oct 2005, 8:17 pm
And Monge is an Almendarez-Torres case.And it gets more interesting. [read post]
9 Oct 2004, 3:46 pm
Since “[a]n indictment must set forth each element of the crime that it charges, ” Almendarez-Torres v. [read post]
