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29 Dec 2010, 3:55 pm by Eugene Volokh
” As I blogged when the court of appeals decision was handed down, that can’t be right: It is a proper part of the lawmaker’s business, it seems to me, to decide the remedies available in lawsuits, and whether the remedies should be discretionary or mandatory, even when the consequence is “unwarranted litigation” and the pressure to give in to plaintiffs. [read post]
14 Dec 2010, 3:38 am by Russ Bensing
Well, actually, it doesn’t end there. [read post]
7 Dec 2010, 3:38 am by Russ Bensing
Singleton, he’s entitled to a new hearing, but only “for the limited purpose of the proper imposition of postrelease control pursuant to R.C. 2929.191. [read post]
30 Nov 2010, 4:28 pm by Eugene Volokh
On a non-Virginia note, I also noticed that a 1936 brief in R.C. [read post]
31 Oct 2010, 12:06 pm by Shawn R. Dominy, Attorney at Law
R.C. 4511.19(a)(1)(b) to (a)(1)(k) make it illegal to operate a vehicle with prohibited concentrations of alcohol in one’s blood, breath, or urine. [read post]
24 Oct 2010, 9:05 pm by cdw
Dep’t of Corrections, No. 08-11722 (11th Cir 2010) Panel “denied habeas relief to a Florida inmate sentenced to death for the 1983 murder a sailor. [read post]
25 Sep 2010, 2:24 pm by Shawn R. Dominy, Attorney at Law
The license suspension really doesn’t make sense; the guy wasn’t using his driver’s license to ride the bike! [read post]
10 Sep 2010, 8:07 am by Bexis
Hyster Co., 127 F.3d 649, 653-54 (8th Cir. 1997).Parts of the Third Restatement could apply in Arkansas, but there's a statute, and we don't like courts playing games with product liability statutes.CaliforniaOnce upon a time, California invented strict liability, and it hasn’t adopted either the Second or Third Restatement formulations. [read post]
2 Sep 2010, 3:46 am by Thaddeus Hoffmeister
The appellate court affirmed the defendant's conviction finding that the defense counsel should have struck the Canadian juror if he didn't want him to serve. [read post]
24 Jul 2010, 2:51 pm by Shawn R. Dominy, Attorney at Law
Learn from this case: Lesson #1:  If a prescribed medication impairs your ability to drive, don’t drive.Lesson #2:  Don't argue you were following your doctor's advice if you took ten times the prescribed amount. [read post]
15 Jul 2010, 2:39 pm by Bexis
  Slip op. at 2.We’re puzzled why there’s no statute of limitations issue in the case, but apparently there wasn’t – nobody even mentioned it. [read post]
2 Jul 2010, 12:00 am by Sex Offender Issues
{¶3} On July 30, 2009, pursuant to a plea deal, appellant entered pleas of guilty to Count 1, rape (R.C. 2907.02(A)(2)) and Count 25, pandering sexually oriented material involving a minor (R.C. 2907.322(A)(1)). [read post]
28 Jun 2010, 6:26 am by Russ Bensing
Johnson: In [State v. ] Tooson, we cited R.C. 2941.22 rather than R.C. 2941.11. [read post]