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4 Mar 2020, 11:20 am
In this published 9th Circuit opinion today, the panel takes counsel to task for misrepresentations in briefing:After oral argument in this case, our panel ordered BNSF’s attorneys to explain the manner in which they quoted these cases in their brief. [read post]
4 Aug 2020, 12:15 pm
If you have received an incorrect prescription, there are likely other cases out there. [read post]
17 Oct 2017, 1:19 pm
While the sampling of eighty-four cases from 2011-2015 is too small to draw sweeping statistical conclusions, the researchers did uncover factual errors, both large and small, in seven of the twenty-four sampled SCOTUS cases which contained "legislative facts. [read post]
13 Mar 2024, 5:34 pm
This raises a serious question about the civil courts’ diligence in complying with their oft-publicised commitment to open justice. [read post]
3 Nov 2022, 8:35 am
Blakeney, 352 N.C. 287 (2000), to draw the distinction between recording statements in open court and statements made during private bench conferences. [read post]
1 Jul 2016, 7:09 pm
Facts of the Case In the recent (unreported) case of Wess v. [read post]
19 Feb 2021, 12:08 pm
The case stems from injuries the plaintiff suffered when the defendant rear-ended him at a red light. [read post]
3 Jun 2024, 10:29 am
By highlighting procedural errors or constitutional violations, defense attorneys can weaken the prosecution’s case and potentially secure a dismissal or acquittal. [read post]
8 Nov 2010, 8:23 am
That court has made elementary errors twice now in one case, and in the latest round it inexplicably failed to correct the error after being notified in the petition for rehearing.Unfortunately, the Ninth Circuit gets a pass on its decision in the Arizona murder case, Ryan v. [read post]
25 Nov 2019, 5:01 am
One of the judges opened with this description of the case: “The thing Americans fear most, being audited by the government. [read post]
22 Dec 2020, 8:34 am
The next thing she remembered was someone opening her eyelid as she lay on the ground. [read post]
20 Oct 2022, 7:50 am
When security arrived to investigate, defendant opened the apartment door and was aggressively hostile to the security officer, getting into the officer’s face and threatening to beat him. [read post]
23 Jun 2022, 6:27 am
The court found no error in the trial court’s judgment. [read post]
12 Jan 2019, 9:01 am
Judge Hildebrand had concluded that Rule 50 disclosed no basis for overruling the principle of open justice in this case, she said, adding: “Exercising the jurisdiction of the EAT as an appellate Tribunal, the question is whether the view formed by the ET demonstrated an error of law. [read post]
2 Nov 2015, 1:23 pm
So when Breyer recounted errors in Robins’s credit report and asked Deputy Solicitor General Malcolm Stewart (arguing on behalf of the United States in support of Robins) whether, for purposes of deciding this case, Spokeo’s errors would constitute a sufficiently concrete injury to Robins, the Chief Justice quickly countered that “that’s not what the” court of appeals said. [read post]
19 Jul 2012, 9:00 pm
In other words, to subpoena a witness to testify about the Intoxilyzer 5000 source code, you must be able to testify about errors in the source code that is unavailable to you through discovery, open record request or subpoena. [read post]
27 Feb 2015, 7:11 am
Pliler, the Supreme Court clarified that the Brecht standard for proving harmless error in a habeas case applied whether or not the state court specifically found that the error was harmless beyond a reasonable doubt under the Supreme Court’s 1967 decision in Chapman v. [read post]
27 Feb 2020, 1:33 pm
’ In short, a Clemons reweighing is a permissible remedy for an Eddings error. [read post]
19 Oct 2016, 8:28 am
He has however, been informed by the Kerala State Advocate on record and he would be delighted to appear and discuss the case in the open court provided the Court feels that Article 124(7) does not debar him on account of him being a former Supreme Court judge. [read post]
19 Oct 2016, 8:28 am
He has however, been informed by the Kerala State Advocate on record and he would be delighted to appear and discuss the case in the open court provided the Court feels that Article 124(7) does not debar him on account of him being a former Supreme Court judge. [read post]
