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14 Jan 2021, 10:43 am
  That case, from 2014, was written by Judge Watford, and joined by Judges (Willie) Fletcher and (Milan) Smith. [read post]
28 Feb 2018, 8:35 pm by Ilya Somin
Back in 2012, Supreme Court ruled that the mandate is constitutional in its highly controversial decision in NFIB v. [read post]
26 Mar 2010, 5:35 pm by Brian Shiffrin
Although there is no question that a trial court "necessarily has broad discretion to control and restrict the scope of the voir dire examination" (People v Boulware, 29 NY2d 135, 140, rearg denied 29 NY2d 670, cert denied 405 US 995; see People v Habte, 35 AD3d 1199), we conclude under the circumstances of this case that the court erred in failing to permit defense counsel to conduct further questioning of the prospective juror to determine… [read post]
3 Aug 2013, 3:44 pm
Viewing the evidence in the light most favorable to the People as was established in People v. [read post]
12 Dec 2008, 7:31 pm
Under these circumstances, when the time period charged, namely seven months, approaches the nine-month period found to be per se unreasonable in People v Beauchamp (74 NY2d 639; see People v Sedlock, 8 NY3d at 538), the People are subjected to "proportionally heightened scrutiny" as to whether their inability to provide more precise times is justified (id at 539). [read post]
6 Jul 2023, 8:10 am by Alex Phipps
Defendant was the owner of the wrecked vehicle and there were no other people at the scene of the accident. [read post]