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14 Sep 2013, 11:28 am by Donald Thompson
Such misconduct may impair a defendant's due process rights and require a reversal of the conviction (see, e.g., People v Robertson, 12 NY2d 355; People v Savvides, 1 NY2d 554; People v Creasy, 236 NY 205; Napue v Illinois, 360 US 264; Alcorta v Texas, 355 US 28). [read post]
8 Aug 2014, 6:05 pm by Donald Thompson
 The People have the initial burden of going forward to show the “lack of any undue suggestiveness” (People v Chipp, 75 NY2d 327, 335 [1990]; People v Ortiz, 90 NY2d 533 [1997]). [read post]
10 May 2011, 3:47 am by SHG
  Lest anyone think this is merely a poor choice by a panel from the 10th Circuit, consider the decision of the California Supreme Court in People v. [read post]
28 Dec 2008, 7:57 am
It was reasonable for Ortiz to rely on the words and gesture of Maria Juarez, the proprietress of the house and the wife of Porfirio, to conclude that he was authorized to push the doors open and step in the rooms in order to communicate with the people inside. [read post]
26 May 2015, 10:46 am by John C. Manoog III
Related Blog Posts Massachusetts Personal Injury Protection (PIP) Benefits Can Require Examination by Physical Therapists, Not Just Medical Doctors – Ortiz v. [read post]