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23 Jun 2015, 2:43 pm
 And that this would be the result even were it true that the incompetent attorney still got the "basics" across to the jury and even if there was only a halfhearted objection to counsel's ineptitude. [read post]
14 Jan 2020, 11:37 am
  If you're the judge, assuming all of the above is true, what's the disposition? [read post]
30 Apr 2013, 12:30 pm
  Holding that the DNA evidence alone, even from a cold hit, is sufficient to establish guilt beyond a reasonable doubt.That's even true despite the fact that the prosecution never introduced evidence about the probability of a random match between the DNA in the taxicab and the DNA in a random Asian. [read post]
12 Sep 2019, 2:50 pm
True that.But it was profoundly meaningful to me that the victim didn't want the guy going away to prison for the punch. [read post]
28 Dec 2021, 2:19 pm
  Or maybe he simply didn't like what he thought was an unjustified attack on counsel -- though, I gotta say, since it seems actually true that VW "neglected" to mention a super important fact in its motion to intervene, my personal view is that it's not super crazy for the district court to say that might show a "lack of candor" on the part of those lawyers.For whatever reason, Judge Owens thought it important to fairly aggressively stomp down the… [read post]
4 Jan 2023, 4:36 pm
So the question then becomes whether or not having jurors view a trial remotely is a structural error, or whether (instead) they have to specifically show prejudice.The Ninth Circuit says that structural errors are rare, and that's true. [read post]
12 Jun 2015, 12:42 pm
  So if you waited to see if the lender subsequently stopped the foreclosure process (thereby mooting damages and/or final injunctive relief), you might get a mistaken impression of who the true "prevailing party" really was.That makes sense to me. [read post]
18 Jun 2020, 1:37 pm
"  Which I suspect is true, but there's apparently a huge debate as to whether buckshot or birdshot is more dangerous (or better) in a home defense scenario.Though I doubt this topic is unlikely to be the next conversation piece of my teenage sons and his friends. [read post]
17 Apr 2023, 2:20 pm
Of course, even if that's true, that doesn't necessarily mean that Proposition 218 is meaningless. [read post]
24 Apr 2015, 12:01 pm
 The same may be true for other people as well.I nonetheless concede that the following hypothetical would have completely stumped me until today:Grandfather writes a will that creates a testamentary trust in favor of his son ("Father"). [read post]
28 Oct 2019, 11:04 am
  And if the residents vote in favor, boom, problem resolved.Which is true. [read post]
27 Mar 2015, 2:49 pm
 So if you steal 500 or so of these things a day, you can maybe make some money.But that's true for manhole covers, aluminum cans, and pretty much everything else in the universe as well. [read post]
30 Jan 2023, 1:26 pm
Which means that even under the Supreme Court's new legal standard, Plaintiffs will still be liable for fees.And even if that's not true, there's still the alternative basis of the trial court's holding: 1021.5. [read post]
23 Jun 2014, 12:57 pm
 It's likely true that a modern incarnation of the Traynor court would have gone the other way in this one. [read post]
9 Jun 2016, 3:18 pm
 That's Y.Now, it's true that X + Y is unconstitutional. [read post]