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21 Apr 2022, 7:53 pm
Whether a juvenile understood Miranda warnings does not require testimony of an expert. [read post]
19 Aug 2012, 3:57 pm
Finkel, described the scar as being 2 cm in length whereas the independent physician retained by defendants, Dr. [read post]
22 Feb 2008, 9:50 am
Lane, 489 U.S. 288 (1989), to determine whether United States Supreme Court decisions apply retroactively to state-court criminal cases, or whether a state court may apply state-law- or state-constitution-based retroactivity tests that afford application of Supreme Court decisions to a broader class of criminal defendants than the class defined by Teague.The Court held that Teague does not constrain the authority of state courts to give broader effect to new rules of criminal… [read post]
1 May 2014, 3:17 am
But 23(a)(2) and (a)(3) make little sense as independent certification requirements. [read post]
7 Oct 2010, 12:30 pm
Not often does a losing party have an automatic right of appeal. [read post]
13 Jul 2010, 10:00 am
R (on the application of S) (Claimant) v Secretary of State for the Home Department (Defendant) & (1) Amnesty International & AIRE Centre (2) United Nations High Commissioner for Refugees (Interveners) (2010) – Judgment not yet available The Court of Appeal has ruled that the EU Charter of Fundamental Rights (“the Charter”) could be directly relied on in the UK in a decision on the removal of an Afghan asylum seeker to Greece. [read post]
3 Mar 2016, 2:30 pm
Pursuant to California’s jury instructions, intentional infliction of emotional distress involves the following elements: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct. [read post]
21 Apr 2010, 6:40 am
(Randy Barnett) Here are 2 YouTube videos of my recent interview for the Healthcare Channel. [read post]
16 Aug 2012, 2:23 pm
Types of Robbery Charges There are three classifications of robbery in Arizona: 1) Robbery; 2) Armed Robbery which involves a weapon; 3) Aggravated Robbery which involves an accomplice Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. [read post]
23 Mar 2010, 5:51 am
(Whiteford, Taylor, and Preston) argued on behalf of the Defendant. [read post]
23 Mar 2010, 5:51 am
(Whiteford, Taylor, and Preston) argued on behalf of the Defendant. [read post]
3 Apr 2015, 4:00 am
In any event, this case underscores how the curse of multi-jurisdiction litigation potentially can be a problem for everyone, not just the defendants – although, to be sure, in this case, Wal-Mart probably at this point does not have a problem with the way things turned out, at least so far. [read post]
23 Aug 2011, 7:20 am
As previously discussed, if you are insured with ICBC and fail to pursue your own Part 7 benefits a Defendant can reduce their liability by the amount of the benefits you should have pursued. [read post]
20 Jun 2019, 10:23 am
It does however suggest the limited impact of the PSA itself. [read post]
13 Dec 2010, 10:36 am
§ 3553(a)(2)(D) declares that one permissible purpose of a sentence is “to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. [read post]
11 Dec 2010, 8:10 pm
§ 3553(a)(2)(D) declares that one permissible purpose of a sentence is “to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. [read post]
8 May 2012, 2:39 am
The Complaint does not state, nor is it possible to ascertain, whether Plaintiffs would have purchased the Books if: (1) the Books were labeled or marketed as fiction; or (2) the readers knew portions of the Books, as claimed, were fabricated. [read post]
8 Jul 2009, 9:27 pm
" Hanson, supra, 357 U.S. at 253, 78 S.Ct. at 1240, 2 L.Ed.2d at 1298. [read post]
10 Feb 2009, 7:32 am
Dahl, slip op. at 2, citing Billing, 127 S.Ct. at 2392. [read post]
