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10 Apr 2011, 1:02 pm
Does, 09-cv-01986 (C.D. [read post]
15 Apr 2007, 8:48 am
Commission of a crime does not translate into an automatic right to search the defendant's premises, but the police here showed a possible connection because his home would likely yield evidence of the crime. [read post]
12 Nov 2020, 3:38 pm
As with any criminal matter, though, the State must prove each element of the charged offense beyond a reasonable doubt to obtain a conviction, and if it does not, it may constitute a violation of the defendant’s constitutional rights. [read post]
2 Nov 2021, 8:29 am
The post Does <i>Tyson</i>’s “No Reasonable Juror” Standard Relieve Courts of the Obligation Rigorously To Analyze Expert Statistical Models at Class Certification? [read post]
18 Feb 2011, 6:39 pm
Drohan, 475 Mich. 140, 164; 715 N.W.2d 778 (2006) held that Blakely does not apply to Michigan’s indeterminate sentencing scheme. [read post]
17 Feb 2015, 1:47 pm
What the article does do is indicate that patent lawsuits is the avenue being by non-practicing patent holders and it is pretty clear that manufacturers and retailers would be better off (at least in the short term) without being charged with patent infringement. [read post]
3 Aug 2013, 9:12 pm
The court noted that another court had held that giving someone a company email address does not, in and of itself cloak that user with carte blanche authority to act on behalf the company. [read post]
4 Jun 2008, 11:10 am
The use of the word "'all,' in and of itself, does not render a warrant a general warrant," particularly, as here, the warrant "reasonably sought all documents with other people's names. [read post]
2 Aug 2009, 6:17 am
" One time, Bricker said, the defendant turned to her family and said "See you next year. [read post]
1 Jun 2011, 9:07 am
Although it does have some significant drawbacks, such as actually increasing sentencing for some defendants, the main intent was to try to reduce the insane disparity in federal sentencing for crack cocaine and powder cocaine. [read post]
14 Aug 2014, 1:24 pm
Finally, defendant argues that pursuant to the decision of the New York Court of Appeals in People v Johnson, the RAI does not have any presumptive weight in a SORA risk assessment proceeding and the Court may disregard the instrument if it chooses to. [read post]
25 Feb 2016, 10:43 am
However, this evidentiary hearing does not entitle Cannon to privileged information from Tedrow or her counsel in order to prove his claim for fees. [read post]
7 Nov 2008, 9:37 pm
In other words, in order to be guilty of aggravated identity fraud and receive the mandatory two year prison sentence, does the person who created the fake social security card need to know that he/she is using the card without authority or does he/she need to know that the social security number actually belongs to another person? [read post]
14 Jul 2010, 1:29 pm
John Doe I, No. 285655. [read post]
13 Aug 2010, 5:33 am
The defendant was handcuffed and in a police car at the time, and there was no exigency. [read post]
27 Dec 2007, 6:41 am
Despite the court's ruling, it does not automatically follow that Fleming intentionally and knowingly gave false testimony. [read post]
4 Aug 2009, 5:28 am
"The fact that an individual is under the influence of drugs, alcohol or extreme physical pain does not necessarily render consent involuntary. [read post]
1 Jun 2008, 12:34 pm
Last week, the Department of Justice, which represents the CRB in defending its decision in the Court of Appeals, filed its brief in opposition to the briefs of the webcasters, which we summarized here. [read post]
6 Nov 2018, 9:39 am
Does an algorithm treat all groups of people the same? [read post]
18 Aug 2024, 2:36 am
But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? [read post]