Search for: "Utter v. State" Results 41 - 60 of 1,963
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6 Dec 2015, 4:00 am
For example, assertions can reflect a state of mind versus an assertion of truth. [read post]
30 Apr 2012, 9:51 am by Zukerman
Applicant sought the sealing of all official records of his prior convictions for receiving stolen property, forgery, uttering, and obstructing justice. [read post]
24 Jun 2022, 9:19 am by Jack Bogdanski
Well, they got rid of Roe v. [read post]
4 Feb 2007, 12:38 am
State-sponsored Yoga may or may not violate the First Amendment, but arresting somebody for uttering the phrase "God damn lawsuit" at a town board meeting is protected by the First Amendment. [read post]
1 Apr 2009, 4:15 am
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with "actual malice"Shulman v Hunderfund, 2009 NY Slip Op 02263, Decided on March 26, 2009, Court of AppealsIn the words of Justice Smith, "In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan… [read post]
27 Jul 2007, 2:15 am
The 911 call, which was described by the state trial judge as "one of the calmest " it has heard, was precluded, but the statement came through the officer who interviewed the mother hours later as a "spontaneous utterance" under state law. [read post]
10 Feb 2010, 11:31 pm
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with “actual malice”Shulman v Hunderfund, 12 NY3d 143In the words of Justice Smith, “In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan (376 US 254 [1964]). [read post]
8 Jun 2009, 12:09 am
Woman_with_Telephone_1910.jpg Testimony of a friend warning the defendant's uncle that he had received a threat that the defendant planned to kill the uncle was admissible under FRE 803(2) as an excited utterance as the telephone call was made after the startling threat; in United States v. [read post]
9 Jul 2010, 12:02 pm
In a very recent decision by the United States Supreme Court, in Berghuis v. [read post]
9 Jul 2010, 12:02 pm
In a very recent decision by the United States Supreme Court, in Berghuis v. [read post]