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29 Apr 2012, 6:57 am
Background Facts The decision of the Supreme Court is very short and does not refer to the background facts. [read post]
24 Nov 2007, 11:26 am
Fourth, why on earth does Mr. [read post]
25 Mar 2015, 4:14 am
However, [the director’s cancellation of her schedule] does not rise to the sufficiently outrageous standard required for recovery under IIED[.] [read post]
2 May 2011, 9:38 am
Does a defendant have a reasonable expectation of privacy in the home of a friend? [read post]
28 Jun 2012, 5:33 pm
The California Supreme Court disagreed with the defense and held that the Fifth Amendment right against self-incrimination does not preclude giving the prosecution "full access" to the results of mental examinations experts conducted, "for the purpose of obtaining evidence to rebut a mental-state defense that the defendant has indicated that he or she intends to present on the issue of guilt. [read post]
Does the "clear and convincing evidence" standard of proof for punitive damages make any difference?
13 Aug 2012, 11:33 am
But how does this play out in practice? [read post]
19 May 2022, 12:18 pm
Whitley's license).That may be useful for defendants facing similar circumstances. [read post]
4 Apr 2010, 12:25 pm
The defendant’s oath as a police officer to defend and obey the laws of New Jersey, in of itself, does not make him strictly liable for official misconduct for all crimes he may commit. [read post]
18 Jul 2017, 11:36 am
Ohio, 367 U.S. 643 (1961), the Supreme Court held that the exclusionary rule–under which evidence obtained by law enforcement officers who engage in searches or seizures in violation of the Fourth Amendment may not ordinarily be used against criminal defendants at trial–applied to the states. [read post]
12 Oct 2009, 10:45 am
At issue in the case is whether a criminal defendant's guilty plea can be set aside because his defense counsel affirmatively misadvised him with regard to the deportation consequences of the plea, and whether such misadvice constitutes ineffective assistance of counsel under the Sixth Amendment. [read post]
14 Mar 2022, 11:33 am
Court of Appeals for the Eleventh Circuit recently held that it did not have jurisdiction to consider a defendant’s motion for leave to appeal in a case that was previously removed to federal court pursuant to the federal Class Action Fairness Act after the federal trial court sua sponte remanded the case back to state court. [read post]
2 Aug 2011, 10:54 am
photo credit: cobalt123 A district court in the Northern District of Illinois granted a preliminary injunction on July 27, against an online video service, finding both (1) knowledge of infringement sufficient to support contributory liability and (2) unavailability of the DMCA safe harbor defense based upon the defendant’s failure to enact and enforce a reasonable [...] [read post]
23 Jun 2017, 5:58 am
The US Supreme Court [official website] ruled [opinion, PDF] Thursday that where there is a public-trial violation during jury selection the defendant must demonstrate prejudice to secure a new trial if the issue is raised as an ineffective-assistance-of-counsel claim. [read post]
8 Jul 2021, 1:17 pm
Without a knowledgeable attorney on your side, getting a tenant out of your apartment, or defending yourself against a crazy landlord, can be an exercise in frustration. | O'Flaherty Law - Learn About Law Legal Articles, Videos & Podcasts with O'Flaherty Law [read post]
9 Aug 2024, 12:43 pm
Jarkesy held that certain Securities and Exchange Commission adjudications must take place in court because defendants are entitled to a jury trial. [read post]
24 Jul 2016, 10:17 am
Additionally, the defendant does not have to be convicted of DWI for DOS to take this harsh action. [read post]
2 Oct 2014, 4:49 pm
Generally speaking, unless a court is about to usurp a jurisdiction it does not possess or exceed its powers in connection with jurisdiction it does possess, an order of prohibition should be denied. [read post]
29 Apr 2010, 3:06 am
Well, does he work for the PD’s office? [read post]
11 Mar 2012, 5:41 am
The law does not permit it. [read post]
4 Nov 2010, 11:54 am
For instance, I wrote about a case in Baltimore City recently where a defendant, who was represented by an attorney who does not appear in criminal court on a daily basis, received a sentence of four months in jail for a second offense. [read post]
