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28 Dec 2011, 9:49 am by Steve
Davis, 766 F.2d 865 (4th Cir. 1985), the holding in Davis may have been overruled by the Supreme Court's subsequent decisions in Buckley and Meyer v. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
30 Sep 2013, 9:58 am by Gritsforbreakfast
Because the State could not prove beyond a reasonable doubt that the shackling did not contribute to the verdict - the standard under the US Supreme Court's ruling in Deck v. [read post]
20 Aug 2021, 3:23 pm by Josh Blackman
Earlier this week, I posted a draft of my article, The Irrepressible Myth of Jacobson v. [read post]
8 Jun 2018, 4:18 am by Andrew Lavoott Bluestone
[FN2] Given the [*3]absence of detailed facts, the legal malpractice cause of action should have been dismissed (see Janker v Silver, Forrester & Lesser, P.C., 135 AD3d 908, 910 [2016]; Rodriguez v Jacoby & Meyers, LLP, 126 AD3d at 1185-1186; Kreamer v Town of Oxford, 96 AD3d 1128, 1128 [2012]; compare Soule v Lozada, 232 AD2d 825, 825 [1996]). [read post]
4 Nov 2013, 6:19 am by Wystan Ackerman
  The plaintiff bears the initial burden of proof, but the Ninth Circuit’s decision in Meyer v. [read post]
24 Dec 2006, 6:06 am
Meyer] was right on the constitutional principle of state& [read post]
10 Jan 2016, 4:59 am by SHG
United States, 389 U.S. 347, 350 (1967), Boyd v. [read post]