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17 Nov 2023, 1:57 pm
Trump’s petition argues that the gag order violates his rights under the First Amendment of the US Constitution and Article I, Section 8 of the New York Constitution. [read post]
16 Nov 2023, 12:24 pm
But the use is by wildlife. [read post]
16 Nov 2023, 6:00 am
CO appealed the judgment but the US Court of Appeals for the Second Circuit affirmed. [read post]
16 Nov 2023, 6:00 am
CO appealed the judgment but the US Court of Appeals for the Second Circuit affirmed. [read post]
15 Nov 2023, 1:28 pm
That brings us to this week’s conference. [read post]
14 Nov 2023, 2:49 pm
Discussions and relevant cert. papers are available here: https://www.scotusblog.com/case-files/cases/diaz-v-united-states/ The petition for certiorari frames the “Question Presented” as follows: Federal Rule of Evidence 704(b) provides: “In a criminual case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. [read post]
13 Nov 2023, 4:10 pm
ShareThe Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. [read post]
12 Nov 2023, 9:01 pm
”As any legal formalist might do, the judge ignored the context within which that word was used in Edwards’s letter and the governor’s clearly stated desire that the board move forward to consider the clemency petitions. [read post]
11 Nov 2023, 2:41 am
The Constitutional Court stressed that single sentences must be read with [read post]
10 Nov 2023, 8:57 am
Specifically, Trim maintains that for equipment to constitute an ATDS it must use a random or sequential number generator to store or produce numbers and to dial those numbers. [read post]
10 Nov 2023, 7:44 am
Several Minnesota voters petitioned the court to remove Trump from the ballot based on Section 3 of the US Constitution’s Fourteenth Amendment, which bars from office any individual who has engaged in insurrection after taking a government oath. [read post]
9 Nov 2023, 10:00 am
HIP petitioned the U.S. [read post]
9 Nov 2023, 9:57 am
” This wasn’t sufficiently alleged to constitute deceptive attribution to Daily as innovator. [read post]
9 Nov 2023, 6:37 am
The court found that this error was harmless beyond a reasonable doubt due to “the evidence of Defendant’s motive for planning to kill [the victim], his confession, his use of the .22 caliber handgun, and his acts subsequent to the killing. [read post]
9 Nov 2023, 6:00 am
Servs., 19 NY3d 373, cert denied 568 US 1157. [read post]
9 Nov 2023, 6:00 am
Servs., 19 NY3d 373, cert denied 568 US 1157. [read post]
9 Nov 2023, 4:00 am
Their subjective moods do not constitute a basis for limiting my state-granted right to practice law. [read post]
8 Nov 2023, 8:29 pm
Solicitor General Prelogar explains "The way constitutional interpretation usually proceeds is to use history and regulation to identify principles, the enduring principles that define the scope of the Second Amendment right. [read post]
8 Nov 2023, 6:53 am
That brings us to this week’s conference. [read post]
7 Nov 2023, 6:37 am
That standard gives state courts, including the state appellate courts which can independently review the convictions, some leeway to interpret the Constitution so long as they do not run afoul of specific Supreme Court holdings. [read post]
