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1 Oct 2014, 4:50 pm
This fact does entitle the defendant to an evidentiary hearing, and the defendant was afforded this hearing on July 7, 2010 and January 14, 2011. [read post]
3 Feb 2015, 2:07 pm
To prove that a defendant is guilty of PC 242 the prosecutor must prove two things: (1) That the defendant willfully and unlawfully touched a person in a harmful or offensive manner; AND (2) The defendant did not act in self-defense or someone else. [read post]
2 Aug 2017, 8:51 am
” Invoking the RFRA requires “making out a prima facie case by showing that (1) it possesses a sincerely held religious belief, and (2) the government’s conduct substantially burdened that belief. [read post]
10 Jan 2018, 12:59 am
--from Rule 30(c)(2), Fed. [read post]
1 Sep 2013, 4:55 pm
Under the circumstances, it is preferable pursuant to CPL 470.15(2) (a), 470.20(4) to apply the provisions of Penal Law § 105.05 as the evidence was legally sufficient to establish the guilt of the defendants of conspiracy in the third degree. [read post]
21 Jul 2015, 10:22 am
Fox Searchlight Pictures, decided on July 2. [read post]
24 Aug 2021, 7:14 am
To hold that the stay does not apply in cases filed in state court would mean that it applies only to some actions, not "any" action. [read post]
27 Nov 2018, 10:49 am
However, it does not go far enough, and in some cases it actually takes a step backward. [read post]
24 Jan 2019, 7:21 am
Kleber brought suit under Section 4(a)(2) of the ADEA alleging that he was discriminated against for his age. [read post]
28 Nov 2011, 1:43 pm
’ I believe that Defendant does make such an argument. [read post]
17 Feb 2015, 8:33 am
For one, there is no textual justification for saying that residency under 1391(c)(3) means something different than it does under (c)(2), or for concluding that (c)(3) applies only to natural persons. [read post]
25 Jul 2016, 2:53 am
In particular, does a careful focus on the USPTO’s routine application of Section 2(c) of the Lanham Act, help shed light on why Section 2(a) actually doesn’t violate the First Amendment? [read post]
24 May 2016, 11:46 am
Once a defendant violates the terms of community control, the court is limited to imposing a prison term that does not exceed the suspended term specified at the original sentencing hearing. [read post]
22 Nov 2006, 9:00 pm
Sadly, Virginia law does not guarantee enough discovery to criminal defendants: "There is no general constitutional right to discovery in a criminal case, even where a capital offense is charged. [read post]
3 Feb 2020, 6:54 am
” Doe v. [read post]
2 Jul 2019, 10:46 am
Information contained in this article is not intended to constitute legal advice by the author or the lawyers at Brown Rudnick LLP, and it does not establish a lawyer-client relationship. ______________________________________________________________________________________________________ ¹ CPR 25.13(2)(a) ² Bestfort Developments LLP –v- Ras Al Khaimah Investment Authority [2016] EWCA Civ 1099 ³ Nasser –v- United Bank of Kuwait [2002] 1… [read post]
20 Apr 2012, 2:50 pm
Session 2: Boundary Policing Devices. [read post]
22 Nov 2020, 3:43 am
Does that make money the evil that keeps defendants wrongfully jailed? [read post]
13 Oct 2023, 9:31 am
[Plaintiff] David [Brast] and [Defendant] Randy [Brast] are brothers and neighbors, and [Defendant] Ryan [Brast] is Randy's son. [read post]
10 Dec 2007, 3:38 pm
Small town defenders or constitutional foes: does the Hazelton, PA anti-illegal-immigration ordinance encroach on federal power? [read post]
