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27 Jul 2008, 11:08 am
A statement that is literally true cannot support a conviction under this section, even if it is intended to mislead the questioner. [read post]
5 Oct 2009, 10:22 am
To a degree, that's still true down here in San Diego. [read post]
17 Aug 2009, 1:37 pm
So I admit that my particularized experience in this area is not totally on point.But, still, I don't think it's hard at all to conclude -- as the Ninth Circuit does here -- that even though there's no hard-and-fast "evidence" that the guy lying in the sleeping bag (as opposed to either of the other two guys) was the one who "possessed" the .45, and similarly no absolutely conclusive evidence that he was using the gun to guard the field (as opposed to, say, just… [read post]
10 Jun 2008, 7:22 pm
Yes, it's true, she says, that the California Supreme Court held in Hofsheier that it violates equal protection when a defendant is subject to mandatory lifetime registration as a sex offender for engaging in oral copulation with a minor but less than that for full-on intercourse. [read post]
21 May 2010, 10:15 am
There is, of course, the separate problem of racial targeting in immigration stops that doesn't arise in drunk driving checkpoints, but that wouldn't apply to a law that required the police to check everyone for immigration violations, as I understand at least parts of the Arizona law dictate.Or one could argue that drunk driving stops are less burdensome than sobriety checkpoints, but I'm not sure that's empirically true. [read post]
20 Dec 2011, 11:46 am
"Lowery says that he wasn't serious; that he was just blowing off steam to his wife, and so this wasn't a true "threat" -- but was instead protected by the First Amendment. [read post]
14 Mar 2007, 12:40 pm
When a defendant criminally pumps and dumps, and the underlying stock's not a total sham, the value of the loss (for purposes of the guidelines) is the difference between the true and the artificial market capitalization. [read post]
7 Apr 2008, 2:03 pm
Which is true testament an honest and rational attempt to properly distinguish a case: a description that makes the differences between the two cases matter, and make both cases understandable given their factual predicates.So I was very impressed with this opinion, especially since the issue seemed so facially intuitive at the outset. [read post]
16 Oct 2008, 7:45 pm
I'm not entirely persuaded that's true: It depends on what we mean by "unethical," and that word may perhaps have different connotations for different people.So there's a lot in here to feast upon. [read post]