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12 Mar 2012, 7:15 am by Jeanne Long
  Three of those involved a question arising under Padilla v Kentucky, the 2010 United States Supreme Court case holding that it can be ineffective assistance of counsel for a criminal defense attorney to fail to advise his noncitizen client of the immigration consequences of pending criminal charges. [read post]
16 Aug 2016, 7:27 am by Adam Craggs, Partner, RPC
The appellant argued that the VAT was a mandatory inclusion in his price which was state imposed and therefore he was collecting on behalf of the state. [read post]
25 Apr 2011, 7:37 pm by Frank Pasquale
The Supreme Court will soon hear oral arguments in Sorrell v. [read post]
25 Jul 2010, 9:04 pm
This is the train of citations (Sidhom is not pertinent): Thomas (2002): The defendant, however, bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him (see, People v Berrios, supra at 367; People v Baldwin, 25 NY2d 66, 70; People v Whitehurst, 25 NY2d 389, 391; Nardone v United States, 308 US 338, 341-342), and that the police lacked probable cause to arrest him (see, People… [read post]
28 Oct 2020, 7:04 am by Derek T. Muller
The dissenting opinion also does not engage the majority opinion’s reliance on a state case called Luse v. [read post]