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21 Mar 2012, 7:30 am by Steve Vladeck
On one hand, in states (like Arizona) that require criminal defendants to challenge the effectiveness of trial counsel in state post-conviction proceedings, such collateral review is the first chance to raise a constitutional objection—and may thus constitute the “first tier” of post-conviction review, i.e. that for which counsel has typically been required. [read post]
16 Aug 2015, 7:30 pm
 Chance that my neighbors with flooded basements or their homeowers insurers as their subrogees will be able to make a successful claim against the Town of Pendleton for damages, especially if there was no prior notice of any inadequacy of the storm sewer system? [read post]
3 Jan 2007, 5:25 am
  But, sure enough, there's actually a decision from our state's highest court, refusing to characterize the sale of outdated merchandise as a "deceptive or misleading" business practice.In Matter of Food Parade, Inc. v. [read post]
6 Apr 2017, 7:15 am by Joy Waltemath
Judges Kelly and Montgomery both wrote separate partial concurring and dissenting opinions (Faidley v. [read post]
2 May 2014, 4:43 am by SHG
  But the Second Circuit got a heaping pile of weird in United States v. [read post]
8 Sep 2007, 2:15 am
But I had one minor and one major reason not to seek an early dismissal.The major reason is this: according to State v. [read post]