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1 Mar 2015, 2:01 pm
May 2, 2014). [read post]
19 Apr 2016, 6:44 pm
Massie, 2 N.Y.3d 179, 184 (N.Y. 2004). [read post]
15 Aug 2023, 10:45 am
Does that matter? [read post]
9 Nov 2016, 6:48 am
Defendant identified himself. [read post]
9 Jun 2008, 6:06 pm
Strategies for Using Qualified Settlement FundsHow does a QSF make a valid Qualified Assignment? [read post]
30 Mar 2020, 8:24 am
See 15A-926(c)(2). [read post]
18 Apr 2018, 6:56 am
The new law does not apply to defendants charged with certain offenses, including certain serious motor vehicle crimes such as second offenses for DUI and motor vehicle homicide, violation of orders of protection, most crimes of violence (except assault and battery), corruption by public officials, and certain crimes relating to prostitution. [read post]
18 Apr 2018, 6:56 am
The new law does not apply to defendants charged with certain offenses, including certain serious motor vehicle crimes such as second offenses for DUI and motor vehicle homicide, violation of orders of protection, most crimes of violence (except assault and battery), corruption by public officials, and certain crimes relating to prostitution. [read post]
21 Mar 2007, 4:40 am
Namely, "(1) whether the defendant asserted ownership over the items seized from the vehicle; (2) whether the defendant testified to his expectation of privacy at the suppression hearing; and (3) whether the defendant presented any testimony at the suppression hearing that he had a legitimate possessory interest in the vehicle. [read post]
28 Nov 2006, 5:42 am
Ministro-Tapia's sentence because (1) counsel below did not explicitly invoke the parsimony clause at sentencing, seeking instead a "reasonable" sentence below the Guidelines range, Op. 8-9; and because in any event (2) "[t]he sentencing record, viewed as a whole, does not convincingly demonstrate that the district court in fact viewed the Guidelines sentence that it selected as in equipoise with the below-the-range sentence that the defendant sought. [read post]
27 Jul 2014, 7:22 pm
Pursuant to Code Crim.Proc., § 280 and as held in People v Jackson, People v Krank, except where time is a material ingredient of the crime the prosecution is not confined in its evidence to the precise date laid in the indictment, but may prove that the offense was committed at any time prior to the commencement of the prosecution and such proof does not constitute a material variance. [read post]
15 Jan 2014, 8:22 am
Following is Part 2 of my third annual list of the top 10 e-discovery developments and trends from the past year. [read post]
20 Dec 2010, 4:19 am
Does the lawyer have a strategy? [read post]
9 Oct 2016, 6:43 am
The RNC’s October 2, 2016, attack ad on Tim Kaine’s criminal defendant client roster descends from its opening of “Long before Tim Kaine was in office, he consistently protected the worst kinds of people. [read post]
20 Mar 2007, 3:06 am
" Fed.R.Civ.P. 41(a)(2). [read post]
9 Jul 2008, 9:27 pm
., (No. 2-06-0587), a medical negligence case where a minor died after the planned surgery failed with respect to the anesthesiology provided. [read post]
9 Jul 2008, 9:27 pm
., (No. 2-06-0587), a medical negligence case where a minor died after the planned surgery failed with respect to the anesthesiology provided. [read post]
3 Sep 2019, 7:17 pm
These circumstances gave the officer reasonable suspicion of criminal activity before he seized the defendant. (2) The defendant argued that that the trial judge failed to comply with the statutory mandate of G.S. 15A-1242 b [read post]
15 Nov 2017, 7:51 pm
A less bright-line,more discretionary framework applies even when Rule12(g)(2) and hence Rule 12(h)(1)(A) does not. [read post]
27 Mar 2015, 8:00 am
Delivery does not mean the physical act of transmitting the deed to the grantee. [read post]
