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16 Apr 2014, 3:28 pm
Does the statutory requirement for HIV related testing of a defendant apply to convictions for any felony offense defined in Penal Law Article 130, and for the misdemeanor of Sexual Misconduct as defined in subds. (1) and (2) of Penal Law 130.20, which respectively require "sexual intercourse" and "deviate sexual intercourse" as essential elements or does the testing apply only to convictions for offenses defined in Penal Law Article 130 which have "sexual… [read post]
4 Jan 2010, 2:56 pm
But seldom does one see the respondent agree that a judgment is even partially reversible. [read post]
1 Jul 2013, 1:40 pm
Guest Post – Tale of Two Districts: How Does Fennell Apply to Illinois Resident Plaintiffs? [read post]
23 Sep 2019, 5:53 am
As a restriction to its interpretation the Court also noted, with reference to Art. 3 (2) of the Directive, that national courts must ensure that the measures encompassed in Art. 9 of the Directive are not misused. [read post]
25 Mar 2010, 10:06 am
Quite often, when we present one expert witness, the attorneys for the defendant will provide two or three expert witnesses claiming the opposite. [read post]
8 Jan 2013, 10:53 am
A New York Grand Larceny Lawyer said that, the Supreme Court convicted defendant, upon his plea of guilty, of grand larceny in the first degree, and sentencing him to a term of 2 to 7 years. [read post]
15 Jan 2015, 1:16 pm
What does it mean? [read post]
28 Oct 2009, 10:16 am
That premise does not extend to private gun ownership under Heller. [read post]
26 Sep 2016, 6:56 am
The Court accordingly disagrees with the PTAB and [defendant]. [read post]
9 Apr 2021, 8:00 am
The baby is now 2 1/2 years old and requires 24-hour care. [read post]
4 Jan 2017, 4:04 pm
In relation to Leveson Part 2, it is said that this is presented in way which is flawed: The Consultation fails to mention that the Government has repeatedly promised to complete Leveson Part 2 so again does not acknowledge that it has made a decision to resile from its previous position. [read post]
3 Apr 2010, 8:14 am
White as a Doe defendant. [read post]
3 Jun 2011, 4:15 am
We also conclude that because Defendants reasonably seek by the rule to avoid violating the Establishment Clause, the exclusion of religious worship services is a reasonable content-based restriction, which does not violate the Free Speech Clause.Judge Calabresi wrote a concurring opinion. [read post]
26 Aug 2013, 5:19 pm
The defendant pleaded guilty in County Supreme Court to robbery in the second degree, and he was sentenced to serve 7 1/2 to 10 years in prison. [read post]
27 Aug 2014, 12:51 pm
" Despite Defendant's contention to the contrary, a Plaintiffs noncompliance with DRL §230's residence requirement does not affect this Court's subject matter jurisdiction. [read post]
10 Jun 2017, 9:32 am
Court of Appeals, 3rd Circuit, No. 16-2247 (June 2, 2017). [read post]
21 Sep 2017, 4:31 am
.The Attorney General does not violate any law in doing so. [read post]
5 Dec 2009, 3:21 am
It does, however, require specific fraudulent intent on behalf of the defendant and causation: [A] plaintiff must show that (1) the defendant made a false record or statement for the purpose of getting a false claim paid or approved by the government; and (2) the defendant's false record or statement caused the government to actually pay a false claim, either to the defendant itself, or to a third party. [read post]
21 Jul 2010, 2:23 pm
At one end of the spectrum are situations where a defendant clearly does business over the internet. [read post]
13 Mar 2017, 10:52 am
The defendants also argue that Steinholt’s event study is unreliable for two reasons: 1) Steinholt’s selections for the inclusion dates introduced bias into the results; and 2) he failed to perform ex-ante hypotheses for the tested events. [read post]