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23 Mar 2010, 6:19 pm by Brian Shiffrin
" The failure of the court to apprehend the extent of its discretion deprived defendant of the right to be sentenced as provided by law' " (People v Schafer, 19 AD3d 1133). [read post]
14 Mar 2011, 12:52 pm
In three prior appeals, of which we took judicial notice, the same prosecutor was criticized for improper conduct, including the observation in People v. [read post]
13 Dec 2024, 1:29 pm
He's going to die in prison regardless, or (if he's lucky) get compassionate release shortly before he dies.But, hey, at least we eventually got the law right. [read post]
26 Mar 2014, 2:39 pm
 Unknowingly having a temporary cache file in your computer may not count as 'possession' of child pornography in the federal system, but here in California, under state law, we say it does." [read post]
11 Apr 2008, 11:46 am
Here's a great opinion for those substantive criminal law buffs out there. [read post]
25 Feb 2013, 2:45 pm
  It's got everything you need to know -- the facts, the law, the analysis -- and nothing you don't need to know.Exceptionally impressive.If brevity is the soul of wit, Justice Gilbert can serve as our modern day Polonius. [read post]
27 Sep 2013, 1:29 pm
"In response to another hypothetical, [Officer Krish testified that] a person in a gang would still be a gang member, even if he or she moved away from the area, got a bachelor's degree, went to law school and became a lawyer, and returned to the neighborhood to play basketball and drink beers with other gang members." [read post]
1 Jul 2014, 6:50 pm by Danielle Wild
Candidate at Syracuse University College of Law and Intern at Easton Thompson Kasperek Shiffrin LLPYesterday, the New York Court of Appeals decided People v. [read post]
2 Jun 2014, 2:11 pm
 That's the law, and it makes sense.But what about when your mistake of fact is really unreasonable? [read post]
10 Jul 2012, 7:57 am by nickleydorf
Filed under: Attorney/Lawyer, Criminal Law, Evidence Tagged: forfeiture of constitutional right, Michigan Court of Appeals, People v Vaughn [read post]
23 Sep 2014, 1:27 pm by Stephen Bilkis
This is a proceeding wherein the court is faced with the issue of whether or not its discretion as authorized in People v Kalin to deem a misdemeanor complaint charging a drug-related offense to be an information in the absence of a field test or laboratory analysis violate the defendant's constitutional right to due process. [read post]
30 Mar 2012, 5:40 pm by Lawrence Solum
Priester (Florida Coastal School of Law) has posted Five Answers and Three Questions after United States v. [read post]