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11 Sep 2013, 8:23 pm
Not until counsel has been “repeatedly unconscious through not insubstantial portions” of even capital murder trials will prejudice to the defendant will be presumed (see, Muniz v Smith, 647 F3d 619 [6th Cir 2011]; Burdine v Johnson, 262 F3d 336, 340-41 [5th Cir 2001]; Tippins v Walker, 77 F3d 682, 685 [2nd Cir 1996]). [read post]
10 Sep 2013, 3:39 pm
Terrence Kelly, No. 105,934 (Johnson)Sentencing appealCarl Folsom, III[Affirmed; Biles; February 21, 2014]Denial of motion to withdraw pleaImproper counting of priors used to certify for adult prosecutionOctober 23--Wednesday--a.m.State v. [read post]
10 Sep 2013, 8:00 am
Yesterday’s oral arguments in FCC v. [read post]
27 Aug 2013, 7:33 am
Pointing to a security guard’s assertion that he did not leave his post early after a car accident, that two younger employees were not fired after they were in accidents, that the HR director who fired him knew his age, and that a supervisor who made ageist remarks was involved in the termination decision, a divided Eighth Circuit panel reversed a district court’s order granting summary judgment for an employer on the Title VII age bias claim (Johnson v Securitas… [read post]
19 Aug 2013, 4:30 am
Johnson, Mark Dean, ed. [read post]
18 Aug 2013, 7:22 pm
” United States v. [read post]
29 Jul 2013, 2:54 pm
It builds upon the Third Circuit’s decision in Johnson v. [read post]
29 Jul 2013, 6:12 am
Id. at *2-*3 (discussing Johnson v. [read post]
5 Jul 2013, 1:15 pm
Johnson County CCSending Politically Charged Emails Does Not Support Disturbing the Peace Conviction -- State v. [read post]
5 Jul 2013, 5:00 am
” Perez v. [read post]
2 Jul 2013, 1:41 pm
Strangelove" (16) "Flight of the Conchords" (4) "Game Change" (2) "Get Smart" (1) "Gran Torino" (10) "Grey Gardens" (13) "I Shouldn't Be Alive" (4) "Limelight" (3) "Meet the Press" (20) "Moby Dick" (5) "My Dinner with Andre" (34) "Mystery Science Theater" (2) "Project Runway" (78) "Romy and Michele's High School Reunion" (3) "Seinfeld" (72) "Sex and the City" (14) "Slacker" (11) "Slumdog Millionaire" (16) "SNL" (60) "Sopranos" (50) "South Park" (71) "Star Trek" (12) "Star Wars" (25) "Survivor" (50)… [read post]
22 Jun 2013, 7:02 am
Over the past two-and-a-half years, we have published over a hundred posts on the NDAAs and related legal developments, including the Southern District of New York’s important decision in Hedges v. [read post]
13 Jun 2013, 3:59 am
” • • • Redefining Free Culture was originally posted on Copyhype • • • FootnotesSee, for example, The Ethics of Consent, pp. 45-51 (Oxford University Press 2010), citing Thomas Hobbes, Adam Smith, Immanuel Kant, and John Stuart Mill.See, for example, Lynch v. [read post]
11 Jun 2013, 10:50 am
But the roles were reversed in the diversity jurisdiction dispute addressed by the Third Circuit in Johnson v. [read post]
16 May 2013, 8:03 pm
In yet another blow to the authority of the embattled NLRB, a divided Third Circuit ruled the recess appointment of former NLRB member Craig Becker was invalid; thus, a three-member panel comprised in part of Becker was improperly constituted when it denied reconsideration of a Board order finding the employer unlawfully refused to bargain with a newly elected union (NLRB v New Vista Nursing and Rehabilitation, May 16, 2013, Smith, D). [read post]
27 Apr 2013, 9:40 am
And talking a bit about housing matters too – take a look here… Further reading If you want to read a bit more about the Johnson v. [read post]
19 Apr 2013, 9:00 am
Finally: Mondaq has a very nice summary of the Fifth Circuit's recent opinion in Avalon Legal Information Svcs. v. [read post]
11 Apr 2013, 3:33 pm
The EEOC Determined in Mia Macy v. [read post]
21 Mar 2013, 11:59 pm
Boris is backing boats Perhaps even more bizarre than the notion of the Catholic Church investing in gay saunas is the announcement in Housing Excellence of London Mayor Boris Johnson’s backing for the UK’s first floating housing developments. [read post]
25 Feb 2013, 7:30 pm
Smith-Gilbard, 332 S.W.3d at 713-14 (quoting Johnson v. [read post]
