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2 Mar 2020, 3:32 am
This court, an agent of the government, does not believe that forcing a public defender or other defense attorney to accept an app, paid for by the District Attorney’s Office, another arm of the government, meets the intent of the criminal justice reforms that went into effect this year or the holding of People v. [read post]
16 Aug 2021, 2:35 pm
State v. [read post]
16 Oct 2017, 4:10 pm
I, Sec. [read post]
4 Jun 2013, 8:00 am
But on the 50-year anniversary of Gideon v. [read post]
11 Sep 2007, 2:04 pm
Sept. 11, 2007) (available here) decided to change course on allowing certain defendants to get resentenced after Booker through the recalling of prior mandates. [read post]
18 Feb 2012, 4:25 am
Frankly, it does not take a legal degree to understand that. [read post]
30 Jun 2014, 9:14 am
So, where do we even begin with Fifth Third Bancorp v. [read post]
21 Feb 2012, 4:39 pm
In United States v. [read post]
2 Nov 2009, 10:29 am
Indeed, the defendants could not contest the district court's original sentence of imprisonment through § 3582(c)(2) proceedings because § 3582(c)(2) provides no avenue through which to attack the original sentence. [read post]
23 Dec 2018, 7:53 am
(Note that the FDCPA is a federal law that applies through the US, but the state analogues of the federal fair debt collection act vary in significant ways even though they cover many of the same abusive and misleading practices. [read post]
25 Sep 2017, 4:16 pm
“My problem is, I’m still trying to figure out what damage did LGR have before their insurance company refused to defend them? [read post]
19 Jul 2011, 3:54 am
Now, through the miracle of science, when I handle one of those cases, I trudge over to the twelfth floor of the Justice Center, where the court and I get to videoconference with the defendant. [read post]
25 Apr 2018, 11:23 am
” The court distinguishes Doe v. [read post]
26 May 2019, 9:42 am
United States v. [read post]
28 Aug 2014, 11:59 am
And since I'm somewhat who was clerking in L.A. and drove through the intersection at Florence and Normandie six days a week between 1991 and 1992 (but who, thank goodness, took the I-10 on the afternoon of April 29), I'm quite familiar with the locale. [read post]
2 Jun 2012, 9:01 pm
But, defendant was not prejudiced because he couldn’t show here that he wouldn’t have gone through with it anyway and not pled guilty. [read post]
27 Oct 2017, 5:01 pm
And I’d encourage you to read a recent Fourth Department decision, People v. [read post]
29 Jun 2008, 10:43 pm
That does not mean the Court will not adopt one - I still think it should - but now it will be a much harder sell.5. [read post]
28 Dec 2011, 11:26 pm
The Fourth Circuit in that case found that reasonable suspicion existed to detain a defendant for carrying a concealed firearm in violation of state law based on the following facts: (i) the officer knew that the area was a high crime area in which the officer had made numerous arrests; (ii) while the officers were talking to the defendant, he had his “right hand awkwardly inserted halfway in his right-hand pocket, ‘cupped’ as if ‘grasping an… [read post]
6 Apr 2023, 10:17 am
I think this ruling is consistent with Lemmon v. [read post]