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17 Mar 2007, 1:10 am
When prosecutors ask "were-they-lying" questions, especially when they ask them of a defendant, they, almost always, will risk reversal.Once error is established, the burden is on the State to show that it was harmless beyond a reasonable doubt. [read post]
21 Jun 2018, 7:34 am by Dennis Crouch
While states may not impose undue burdens on interstate commerce, the constitution does not prohibit taxation of activities having “substantial nexus with the taxing State” that are non-discriminatory, fairly apportioned, and related to services provided by the state. https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf   [read post]
10 Feb 2023, 9:50 am by Public Employment Law Press
New York State Civil Service Rule 4 NYCRR 5.3(d), since repealed, permitted the appointing authority of a State department or agency employee to terminate a tenured employee in the Classified Service absent for a period of ten or more days without an explanation by deeming the employee to have resigned from his or her position. [read post]
10 Feb 2023, 9:50 am by Public Employment Law Press
New York State Civil Service Rule 4 NYCRR 5.3(d), since repealed, permitted the appointing authority of a State department or agency employee to terminate a tenured employee in the Classified Service absent for a period of ten or more days without an explanation by deeming the employee to have resigned from his or her position. [read post]
4 Nov 2009, 9:27 am
"Application of AEDPA to Review of State Determinations of Fact (Wood v. [read post]
12 Jan 2010, 11:56 am by Steve Hall
But in states where analysts have to testify, the burden is easily manageable. [read post]