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10 Oct 2008, 10:29 am
The Court quoted liberally from State v. [read post]
29 Apr 2011, 1:00 pm by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law… [read post]
19 May 2011, 1:00 pm by McNabb Associates, P.C.
In the event that extradition is denied on that basis, Article 3(2) requires the Requested State to submit the case to its competent authorities for the purpose of prosecution if the Requesting State so requests and if the laws of the Requested State so allow. [read post]
4 Apr 2011, 3:37 pm by McNabb Associates, P.C.
ARTICLE VII (1) Extradition shall not be granted in any of the following circumstances: (a) when the person whose extradition is requested is being proceeded against, has been tried and discharged or punished, or has been pardoned, in the territory of the requested State for the offense for which his extradition is requested; (b) when the prosecution for the offense has become barred by lapse of time according to the laws of the requesting State; or (c) when the offense in respect… [read post]
28 Apr 2011, 2:43 am by John L. Welch
There, the CAFC rejected the "reasonable manner" approach:Neither Phillips nor any other opinion of the United States Court of Customs and Patent Appeals, our predecessor court, or this court has endorsed the T.T.A.B. [read post]
15 Jul 2018, 3:05 am
This provision states that person domiciled in a Member State may also be sued "where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings".The substantial assessmentWith regard to the merits of the case, the Court focused on the notions of… [read post]
7 Oct 2013, 5:15 am by Anita Davies
The judge’s comments on the appellants’ character were directly relevant to that issue. [read post]