Search for: "Utter v. Utter"
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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]
16 Jan 2013, 9:56 am
When, in the middle of just the second sentence uttered by Petitioner’s counsel, Justice Ginsburg interjected “Let’s back up…,” the parties must have known they were in for a long hour of oral argument before the U.S. [read post]
3 Aug 2020, 6:51 am
Criminal procedure — Hearsay — Excited-utterance exception Abuse takes on many forms. . . . [read post]
23 May 2016, 2:26 pm
Criminal law — Sufficiency of the evidence — Counterfeiting, uttering and theft Appeals from the judgments entered in three separate cases tried before juries in the Circuit Court for Wicomico County, all resulting in convictions of David Myron Suire, appellant, have been consolidated for consideration in this Court. [read post]
4 Feb 2007, 12:38 am
The arresting officer had relied upon this provision (and others) for the proposition that he did not violate clearly established rights of the speaker, but the 6th Circuit said that any reasonable officer would have known, in light of Cohen v. [read post]
21 Jun 2020, 7:24 am
Bey v. [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]
8 Jan 2012, 1:22 pm
” United States v. [read post]
15 Jun 2009, 4:06 pm
The pre-argument gag rule that the Court imposed in FCC v. [read post]
21 Nov 2017, 7:07 am
Criminal procedure — Hearsay — Excited utterance Appellant, Reginald Mentor, was convicted by a jury in the Circuit Court for Frederick County of sexual abuse of a minor, second-degree assault, second-degree child abuse, and second-degree sex offense. [read post]
5 May 2010, 2:18 am
False statements made in an investigationAbbate v Safir, 279 A.D.2d 260Not being truthful in responding to questions posed in the course of an official investigation may result in disciplinary action.New York City police officer Anthony Abbate was found guilty of charges that he "lied at his official interview" when he denied that he had "uttered profanities to another officer," and, in a separate incident, "was discourteous and disrespectful to another… [read post]
6 Dec 2015, 4:00 am
The allegedly slanderous utterance constitutes words of “independent legal significance. [read post]
30 Sep 2015, 1:04 pm
Her impact continues in Antoine Mayhand v. [read post]
22 Jun 2023, 2:40 pm
” ~ William V. [read post]
5 Jul 2007, 10:07 am
I continue the posts excerpting my article, Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, "Situation-Altering Utterances," and the Uncharted Zones, 90 Cornell Law Review 1277 (2005). [read post]
7 Dec 2022, 8:56 am
It is no longer the law that the Crown simply proves that the offender possessed or uttered the counterfeit money: R v Freng, 1993 CanLII 913 (BCCA). [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]
7 Nov 2019, 7:52 am
Criminal procedure — Hearsay — Excited utterance exception In January 2017, David Neal, an inmate at the Upper Marlboro County Jail, was attacked and stabbed by fellow inmate Adrian Duncan. [read post]
25 May 2017, 7:38 am
Criminal law — Sufficiency of the evidence — Counterfeiting checks A jury in the Circuit Court for Prince George’s County convicted Paul Gonzales, appellant, of one count of theft scheme between $1,000 and $10,000, seven counts of theft, three counts of counterfeiting checks, seven counts of uttering counterfeit checks, and two counts of conspiracy to ... [read post]
6 Jan 2016, 6:47 am
Criminal procedure — Illegal sentence — Jury’s failure to utter degree of murder On December 21, 1989, Alonzo Eugene Turner, appellant, was convicted by a jury in the Circuit Court for Prince George’s County of first-degree murder and other related offenses in connection with the murder of Eric English. [read post]
