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14 Mar 2011, 3:48 am by Russ Bensing
Fischer closed the door on a defendant’s ability to “revive” appellate issues in an appeal from the resentencing that he’d lost on in his original appeal, how it helped defendants is shown by State v. [read post]
11 Mar 2011, 3:49 am by Russ Bensing
Heller and McDonald v. [read post]
10 Mar 2011, 4:21 am by Russ Bensing
  That’s the position one of the appellate attorneys from the Cuyahoga County prosecutors office found himself in last week during the argument on State v. [read post]
3 Mar 2011, 1:11 pm by Lawrence B. Ebert
Thus, the legal determination of obviousness is amenable to com- plete adjudication upon appellate review and we exercise our authority and discretion to decide this case in the interest of judicial economy. [read post]
3 Mar 2011, 3:51 am by Russ Bensing
Last week, in State v. [read post]
24 Feb 2011, 3:49 am by Russ Bensing
  The subtext of the oral argument in US v. [read post]
23 Feb 2011, 4:02 pm by INFORRM
Problem areas include what “unaware” means, the exclusion of electronic communications such as emails and the very broad common law definition of “publication” which has not changed since Duke of Brunswick v Hamer (1849) 14 QB 185. [read post]
23 Feb 2011, 3:47 am by Russ Bensing
That’s one of the issues on appeal from the 8th District’s decision last December in State v. [read post]
17 Feb 2011, 7:32 am by Russ Bensing
And the even bigger question in the 9th District’s decision in State v. [read post]
16 Feb 2011, 3:41 am by Russ Bensing
  The appellate panel concluded that he was right about this, and this portion of the opinion is excellent. [read post]
11 Feb 2011, 3:35 am by Russ Bensing
  Chief among them was State v. [read post]