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30 Sep 2011, 3:02 pm by Brian Shiffrin
The Appellate Division, Fourth Department, in People v LaVilla (4th Dept 8/30/11) has again held that an exception to the general rule that cannot be appealed as of right is when the restitution hearing was bifurcated from sentencing:“[a]s a general rule, a defendant may not appeal as of right from a restitution order in a criminal case . . . [read post]
15 Sep 2010, 7:23 pm by Brian Shiffrin
White acted intentionally and thus, the plea was not at his guilty plea was not knowingly, voluntarily and intelligently entered (People v White,70 AD3d 1343 [4th Dept 2010]). [read post]
25 Apr 2016, 4:00 am by Guest Blogger
Simply put, they are ill-suited for complex Charter challenges. [read post]
25 May 2011, 9:00 am by Record on Appeal
We are pleased to welcome fellow blogger and attorney Charley Foster from Planet Kauai in a discussion of State v. [read post]
24 Oct 2007, 11:47 am
He highlighted the weaknesses in the prosecution's case, challenged the veracity of the prosecution's witnesses, and offered a viable alternative to the prosecution's theory. [read post]
22 Apr 2018, 6:00 pm by Dennis Crouch
Supreme Court in Security People, Inc. v. [read post]
11 May 2023, 9:00 pm by Vikram David Amar
But that notion is inconsistent with the seminal compelled-speech case, Wooley v. [read post]
28 Oct 2013, 3:31 am
My Mason Law classmate, Josh Blackman, published Unprecedented: The Constitutional Challenge to Obamacare.Unprecedented tells the tale of the 2012 blockbuster Supreme Court case, NFIB v. [read post]
28 Oct 2013, 3:31 am
My Mason Law classmate, Josh Blackman, published Unprecedented: The Constitutional Challenge to Obamacare.Unprecedented tells the tale of the 2012 blockbuster Supreme Court case, NFIB v. [read post]
3 Apr 2013, 4:21 pm
Upset by the state constitutional amendment, a group took the issue to federal court to challenge the constitutionality of Proposition 8 and won on August 4, 2010 (See Perry v. [read post]