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6 Apr 2012, 3:00 pm
With all factors considered, the Court ruled that the defendant was not a great risk to society and should be deemed a Level 1. [read post]
2 Jan 2009, 11:56 pm
In 2001, the New York Court of Appeals, in People v Hines, 97 NY2d 56 (2001), held that where a motion for a trial order of dismissal at the end of the People's case is denied and the defendant then presents proof, waives the claim that the proof presented by the People was insufficient, and instead a trial order of dismissal motion must be made and based on all of the proof presented, including that presented by the defendant. [read post]
23 Aug 2011, 7:11 am by Sheldon Toplitt
Journal editorial attacking him, writing a column for Slate.com entitled "They Still Don't Get It," defending his prosecutorial pursuit of Marsh & McClennan and American Insurance Group Inc. [read post]
14 Feb 2012, 5:55 am by Russell Jackson
  And, strikingly, it foisted onto the defendant all of the notice costs:  "Defendant . . . is hereby ordered to pay costs that will be incurred by the Class administrator in giving notice to the Class and administration of any settlement. [read post]
19 May 2015, 5:00 pm
In one of these cases, a 20-year-old defendant and his 16- and 17-year-old co-defendants were all charged in connection with an alleged murder. [read post]
25 Oct 2006, 12:30 pm
I don't dispute all of those building blocks to the sentence, but I definitely don't agree with them all. [read post]
10 Dec 2008, 2:50 pm
It is worth protecting, and against all the enemies of free speech, we shall.Norm Kent, Esquire" title="Atom feed">Site Feed [read post]
3 Dec 2006, 8:55 am
Suddenly we were all coughing and crying and hacking. [read post]
1 Nov 2010, 4:19 pm by Lewis Gainor
The fact that the defendant did not know all the plan’s details is usually not a defense. [read post]
14 Mar 2012, 8:06 pm by Mathew Higbee, Esq
The current Minnesota Expungement Statute only allows expungement of certain drug offenses, some juvenile cases that were tried in adult court, and cases in which “all proceedings” were concluded in favor of a defendant. [read post]
27 Sep 2013, 6:33 am by Thaddeus Hoffmeister
My question, can you put aside your feelings for the State or the feelings for the defendant, put them aside if you are selected as a juror and listen to the evidence that comes forward on the case and make a determination at the conclusion of all the evidence as to whether or not the State of Florida has proved these two charges against the defendant. [read post]
8 Jul 2015, 11:35 am by Daniel Cappetta
During the process of a criminal case, the trial court judge makes a number of different rulings, all of which may be appealed by a defendant. [read post]
16 Oct 2013, 3:55 pm by Amy Howe
” Then, despite Katyal’s best efforts, he faced a barrage of skepticism, from Justices of all ideological stripes. [read post]
30 Jul 2014, 10:01 pm by Evan Brown (@internetcases)
In all copyright infringement cases, a plaintiff must prove, among other things, that the defendant copied elements of plaintiff’s work that are protected by copyright. [read post]
28 May 2008, 9:43 am
On appeal, the plaintiff is not in a position to complain about the belated challenge to the sufficiency of the evidence, since the plaintiff was on notice all along that it had to prove the elements of its claim. [read post]
12 Mar 2017, 7:04 am by Gritsforbreakfast
 Why should the average person care if we have a capital appellate defender? [read post]
28 Aug 2012, 10:09 pm
A New York Criminal Lawyer said the defendants move to dismiss the appeal on the ground that the court lacks jurisdiction to entertain it. [read post]