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28 Sep 2022, 1:17 pm
It expressly says that its holding is based in substantial part on the standard of review; that the trial court is in a better position than the Court of Appeal to determine the politics and factual circumstances in San Luis Obispo, so there's a great degree of deference that's required.At the same time, however, the opinion does contain a couple of things that I found a little one-sided. [read post]
4 Dec 2013, 2:37 pm
After appellant’s first jury deadlocked and a mistrial was declared, a second jury convicted him of first degree murder. [read post]
30 Apr 2013, 12:30 pm
The jury decides it is, and convicts Xiong of first-degree murder, and he's sentenced to life without the possibility of parole. [read post]
23 Jan 2020, 1:05 pm
But recording a witness without telling them you're doing it, while expressly telling them that what's said is totally "off the record," seems at least to some degree morally wrong. [read post]
7 Aug 2017, 7:42 am
Commonwealth's Brief at 5.Commonwealth v. [read post]
3 Feb 2014, 9:18 am
As "luck" would have it, People v. [read post]
19 Aug 2020, 3:48 pm
In Abdulkadhim v. [read post]
20 Aug 2020, 12:09 pm
In Abdulkadhim v. [read post]
16 Jun 2012, 2:47 pm
the court has no discretion; concurrent sentences are mandated' " (People v Roundtree, 75 AD3d 1136, 1138, lv denied 15 NY3d 855, quoting People v Hamilton, 4 NY3d 654, 658; see People v Cromwell, 71 AD3d 414, 415, lv denied 15 NY3d 803; People v Mercer, 66 AD3d 1368, 1370, lv denied 13 NY3d 940). [read post]
22 Jan 2007, 11:50 pm
On the flip side, the change in sentencing structure compelled by Cunningham to some degree makes the holding in Nguyen moot, since the contemporary enhancement regime in California now requires revision to satisfy Blakely not only in juvenile cases, but in all other cases as well.)This nonetheless remains a substantial, and interesting, opinion. [read post]
24 Feb 2014, 6:00 am
People v. [read post]
14 May 2010, 5:25 am
In People v. [read post]
15 Dec 2011, 5:25 am
To view a copy of the Appellate Division's decision, please use this link: People v. [read post]
3 Mar 2011, 5:11 am
The result in Snyder v. [read post]
10 Nov 2017, 5:29 am
The fact a majority of justices decided this case wasn’t worth their time speaks volumes about what people with actual law degrees think regarding the issue of non-lawyer judges. [read post]
3 Jan 2018, 2:52 am
” People v Cox, 286 N.Y. 137, 142 (1941). [read post]
24 May 2016, 11:10 am
State v. [read post]
24 May 2016, 11:10 am
State v. [read post]
9 Feb 2013, 10:45 am
People v Carr (2013 NY Slip Op 00809). [read post]
23 Apr 2007, 1:25 pm
In People of the State of New York v. [read post]
