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22 May 2017, 10:03 am by Jeff Welty
Hembree, 368 N.C. 2 (2015) (discussed here), all Rule 404(b) cases going in favor of the defense. [read post]
13 Jul 2015, 8:52 am
 You can read more about the sentencing in the news story you can find here.As Wikipedia explains, an “attempt" in criminal law is an offense that occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not in fact commit it. [read post]
16 Mar 2015, 3:32 pm
Plaintiff does not dispute that Defendant is an interactive computer service provider within the meaning of [Section 230] because its website gives subscribers access to a common server for purposes of social networking. [read post]
26 Aug 2010, 6:04 am by Adam Wagner
This consent must be “informed” (R v Konzani [2005] 2 Cr.App.R 14, CA). [read post]
16 Jul 2020, 8:07 pm by Joseph S. Persoff
Serving as somewhat of a hybrid motion to dismiss/motion for summary judgment, California’s anti-SLAPP statute provides defendants a procedural device to obtain early dismissal of a plaintiff’s claim that targets conduct implicating the defendant’s constitutional rights of speech and petition. [read post]
16 Feb 2021, 6:46 am by Kevin H. Gilmore
The plaintiff sued the defendant, alleging the parking lot was unsafe in its design and construction. [read post]
16 Feb 2021, 6:46 am by Kevin H. Gilmore
The plaintiff sued the defendant, alleging the parking lot was unsafe in its design and construction. [read post]
16 Feb 2021, 6:46 am by Kevin H. Gilmore
The plaintiff sued the defendant, alleging the parking lot was unsafe in its design and construction. [read post]
19 Jun 2018, 7:39 am by Phil Dixon
Some errors, however, are deemed so serious and capable of affecting the fundamental integrity of the trial that harmless error review does not apply. [read post]
15 Oct 2018, 4:55 pm by Sarah Grant
These RC provisions are in addition to the provisions for excusal of defense counsel under R.M.C. 505(d)(2)(B). [read post]
29 Jan 2014, 4:21 pm by Michael Rosenblat
  The person is entitled to: . . . an opportunity to appear, present evidence, and question any adverse witness unless the court determines that the interest of justice does not require the witness to appear. [read post]
13 May 2013, 1:04 pm by Pierre Bergeron
The Sixth Circuit considered whether the tortious interference claim, concerning alleged interference with plaintiffs’ SERP, satisfied two conditions for preemption:  (1) the plaintiff complains about the denial of benefits to which he is entitled only because of the terms of an ERISA regulated benefit plan; and (2) the plaintiff does not allege the violation of any legal duty independent of the ERISA plan. [read post]