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31 Oct 2014, 10:00 am
The conventional answer is no: The LaFave treatise, for instance, expressly says that if a defender “acts in proper self-defense, he does not lose the defense because he acts with some less admirable motive in addition to that of defending himself, as where he enjoys using force upon his adversary because he hates him. [read post]
24 Jul 2024, 8:42 am
From Doe v. [read post]
16 Oct 2023, 4:28 pm
If a defendant does not object to the sufficiency of the evidence demonstrating that they are a career offender at the sentencing level, however, they may waive their right to do so, as illustrated in a recent ruling issued in a Florida drug crime case. [read post]
27 Mar 2023, 11:23 am
Generally, any evidence that is relevant is admissible as long as it does not confuse or mislead the jury and is not overly prejudicial. [read post]
5 Jan 2016, 6:13 am
Likewise, the defendants in this case are entitled to explore through cross-examination, inter alia, the extent to which the investigation which occurred was required under Talisman’s whistleblower program. [read post]
5 Apr 2023, 6:44 am
However, this does not necessarily mean the defendant is admitting guilt. [read post]
6 Sep 2022, 6:53 am
The court does not believe that the defendant is a threat to public safety. [read post]
22 Feb 2014, 2:42 pm
Thus, "[t]he law does not require that the information contain the most precise words or phrases most clearly expressing the charge, only that the crime and the factual basis therefor be sufficiently alleged". [read post]
15 Feb 2009, 6:52 am
It does not appear that Judges have been looking into this question in connection with default judgment applications. [read post]
10 Sep 2013, 10:53 am
The Court concluded that the statements were not directed to damages, but Instead were “used to explain what [plaintiff] does as a non-practicing entity”, and were therefore not improper. [read post]
30 Jul 2012, 7:00 am
Defendant opposed the motion. [read post]
18 Jan 2011, 8:34 am
Where the agent is perpetrating a fraud that will benefit his principal, this rationale does not make sense. [read post]
10 Apr 2013, 10:53 am
In one Tennessee case , the Tennessee Supreme Court threw out a taped statement made between a defendant and their family members that was secretly recorded. [read post]
1 Jun 2009, 12:35 pm
Thus, such testimony does not fall within the scope of 710.30.The scope of this decision might be more limited than some have feared. [read post]
21 May 2009, 3:30 am
The 9th holds that error in not allowing self representation at sentencing does not infect or call into question the integrity of the process. [read post]
27 Dec 2016, 8:47 am
Based on your claim, the defendants may offer an amount that doesn't necessarily cover the estimation of the expenses that you've taken into account. [read post]
7 Sep 2018, 10:04 am
California insurance companies may try to avoid defending personal injury claims against an insured by arguing that the conduct does not fall under the insured’s policy. [read post]
27 Feb 2009, 2:52 am
The defendant is still doing life. [read post]
3 Apr 2011, 9:21 pm
To prove that the defendant is guilty of perjury in Los Angeles, the People must prove that: 1. [read post]
26 Apr 2007, 8:20 am
The case presents the following question:When a trial court has found that a defendant in a defamation action has made repeated untruthful defamatory statements against the plaintiff and that pecuniary compensation would not afford adequate relief in the event of repeated statements in the future, may the trial court issue an injunction prohibiting defendant from continuing to make the same defamatory statements to third parties or does such an injunction constitute an… [read post]
