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9 May 2018, 10:25 am
The syllabus: Indian defendants appearing before tribal courts are not protected by the Bill of Rights. [read post]
18 Jul 2012, 9:37 am
Scott, 566 F.3d 242, 245 (1st Cir. 2009); United States v. de Jesus-Rios, 990 F.2d 672, 675 n.2 (1st Cir. 1993). [read post]
5 Feb 2010, 3:37 am
February 2, 2010)*, USMJ’s R&R United States v. [read post]
9 Nov 2007, 10:10 pm
November 2, 2007) [read post]
3 Nov 2009, 3:41 pm
Chandra) the Plaintiff alleged injury from 2 motor vehicle collisions some 10 years apart. [read post]
18 Apr 2023, 5:35 am
VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. [read post]
5 Feb 2014, 10:53 am
See G.S. 20-179(f)(2) (requiring Level Four punishment when aggravating factors are substantially counterbalanced by mitigating factors). [read post]
21 Jul 2007, 8:18 am
L. c. 276, § 2, art. 14, and the Fourth Amendment. [read post]
22 Jul 2011, 8:05 am
Harb Development, 298 Conn. 124, 2 A.3d 859 (2010).Members of limited liability companies may be surprised to know that they can be sued individually when they personally direct or participate in tortious conduct. [read post]
14 Mar 2024, 8:55 am
” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work. [read post]
9 Feb 2013, 3:31 pm
One Sunday, plaintiff, then twenty-seven years of age, was returning home from church services with her two children, a daughter then, 3 1/2 years of age and son, then 2 1/2 years of age, accompanied by her mother, then 62 years of age. [read post]
1 May 2021, 4:17 pm
Wednesday, May 5, 1-2:15 pm EDT. [read post]
14 Oct 2008, 3:20 pm
Bissonnette, No. 081094 In a conviction for first degree murder, denial of writ of habeas corpus is affirmed over claims that: 1) the trial judge's instruction to the jury that the prosecution "does not have the burden of proving that no one else may have committed the murder" was an error that was contrary to clearly established Supreme Court precedent as stated in In re Winship; and 2) the trial court violated defendant's Sixth Amendment Confrontation… [read post]
1 Sep 2007, 11:27 am
August 28, 2007): 2. [read post]
7 Dec 2021, 12:05 pm
Jones and Ramirez counter that permitting evidentiary hearings when a defendant has established an entitlement to relief under Martinez is consistent with the statute, because Section 2254(e)(2)’s language concerning a defendant who “has failed to develop the basis of a claim” means a defendant who was at fault for the failure, and, as such, does not apply to a claim that was not developed based on ineffective assistance of… [read post]
25 May 2021, 8:30 am
However, it does not explain how any of the defendants came across the allegedly copied work, just that it must have happened. [read post]
7 Feb 2014, 6:13 am
Only secondarily does it assist the oncoming driver to avoid the consequences of his prior unlawful behavior. [read post]
20 Nov 2011, 3:03 am
Does the regulation get any judicial review at all, beyond classic rational basis review, since now it's the product of Congress and not an agency? [read post]
11 Nov 2015, 7:14 am
Dwyer, 448 Mass. 122 (2006), the defendant must assert: 1) that the records sought are relevant and have evidentiary value; 2) the records are not otherwise procurable reasonably in advance of trial by exercise of due diligence; 3) the defendant cannot properly prepare for trial without the production and inspection of the records; and 4) and that the request is made in good faith and not a “fishing expedition. [read post]
15 May 2018, 8:00 am
Under the Illinois Code of Civil Procedure Section 2-1009, an Illinois plaintiff is allowed to voluntarily dismiss all or part of a claim without prejudice before a trial or a hearing begins. [read post]
