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20 Jul 2023, 12:29 pm
While a person charged with a crime does not have to offer evidence in their defense at trial, it would be prudent to introduce any information that may exonerate them. [read post]
20 Jan 2010, 3:25 am
" When does the cause of action accrue? [read post]
15 Aug 2023, 11:36 am
" … [2.] [read post]
1 Jun 2015, 10:34 am
Does it have sentimental value? [read post]
15 Jan 2021, 7:11 am
Prior to trial, defendant moved for summary judgment, claiming the evidence did not support the plaintiff's claim as a matter of law. [read post]
28 Oct 2014, 3:00 am
Here - in another clear judgment on how website blocking injunctions should be applied for pursuant to section 97A of the Copyright, Designs and Patents Act 1988 (itself a result of Article 8.3 of the InfoSoc Directive which provides that "Member States shall ensure that rightsholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right) Arnold J noted that the following four matters… [read post]
25 Nov 2014, 5:11 am
Brown, defending himself. [read post]
11 Apr 2019, 8:07 am
The Court probably does this because it does not see the case as precedent-setting, which means the district court blew it in dismissing the case. [read post]
13 Jun 2023, 6:11 pm
How does your client plead? [read post]
12 Dec 2011, 1:20 am
Commonwealth, JUL11, VaApp No. 0723-10-1:In proving prior criminal acts by members of the criminal street gang, in order to establish its status, (1) the crimes do not have to involve the defendant (2) nor does it have to be proven that the defendant knew the people involved.Salcedo v. [read post]
3 Feb 2022, 6:49 pm
The trial court denied defendant’s motion to dismiss but certified for appeal the question whether the IWCA’s exclusivity provisions bar a claim for statutory damages under BIPA. [read post]
21 Feb 2021, 2:50 pm
But Tiffany made clear that contributory trademark infringement based on willful blindness does not create liability simply because of a defendant’s “general knowledge as to counterfeiting on its” property, or because a defendant “failed to anticipate that others would use its service to infringe a protected mark”. [read post]
1 Feb 2015, 6:53 am
State Farm argues that it owes no duty to defend the Whites because (1) the intentional injury exclusion clause of the policy applies and (2) public policy precludes a duty to defend. [read post]
19 Jan 2023, 8:30 am
Although the state needed to prove (1) probable cause to arrest defendant, and (2) that the officer was in the lawful discharge of his duties, it did not need to specifically describe the duties as that was not an essential element of the crime, and here the court found ample evidence of (1) and (2) to sustain the conviction. [read post]
16 Jul 2016, 2:18 am
One does not use utensils, generally speaking, for self defense or secure utensils for a future purpose such as that. [read post]
16 Jul 2016, 2:18 am
One does not use utensils, generally speaking, for self defense or secure utensils for a future purpose such as that. [read post]
29 Jul 2010, 6:48 am
" The Commission, in turn, has promulgated a policy statement at § 1B1.10 barring reductions if a retroactive amendment "does not have the effect of lowering the defendant’s applicable guideline range. [read post]
20 Dec 2018, 4:25 am
It is undisputed that during this visit the defendant Mohan Sharma took his penis out of his pants, masturbated and ejaculated on the plaintiff Jane Doe. [read post]
7 Aug 2019, 2:04 pm
” (2) The trial court erred in calculating the defendant’s PRL where the defendant stipulated that a prior conviction for expired operators’ license was a Class 2 misdemeanor when, at the time of sentencing for his current offense, it was an infraction. [read post]
17 Aug 2021, 6:47 am
Hence the enhancement does not apply merely because Perez possessed firearms and drugs together in the same room. [read post]
