Search for: "People v. Akin" Results 721 - 740 of 1,213
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9 Jan 2014, 2:42 pm by Stephen Bilkis
As the Court of Appeals has explained, where a police officer has probable cause to believe that the driver of an automobile has committed a traffic violation, a stop does not violate the state or federal constitutions and neither the primary motivation of the officer nor a determination of what a reasonable traffic officer would have done under the circumstances is relevant akin to People v Robinson and Whren v United States. [read post]
28 Dec 2013, 6:22 am by Marty Lederman
The plaintiffs in Hobby Lobby and Conestoga Wood argue that federal law compels them to act contrary to their religious obligations, by requiring them to offer (and pay for and administer) employee health insurance plans that include contraception coverage. [read post]
23 Dec 2013, 4:06 pm by Stephen Bilkis
The court notes that the Legislature has sought to protect young persons who have violated the criminal statutes of this State from acquiring the stigma that accompanies a criminal conviction akin to People v. [read post]
28 Nov 2013, 12:18 am
 So:Still investigating: Merpel can't really decide1) Is a spa more akin to a hotel or a dentist waiting room? [read post]
27 Nov 2013, 3:30 pm by Stephen Bilkis
People v Sivells and People v Arotin held that a sex offender making an application for a downward departure bears the burden of establishing his or her entitlement to relief. [read post]
5 Nov 2013, 1:14 pm by Stephen Bilkis
Thus, a timely protest is an essential prerequisite for relief under a CPL 330.30 (1) claim of an error of law, unless the error has deprived the defendant of a fundamental right akin to People v Davidson, People v Padro and People v Antommarchi. [read post]
28 Oct 2013, 2:47 pm by Stephen Bilkis
Thus, primarily because of the "legal stigma" attached to warrantless and suspicionless stops, the People bear the burden of proving at a suppression hearing that the particular checkpoint in question was conducted in a non-discretionary manner, that is, the officers did not exercise individual discretion as to which cars to stop or what questions to ask akin to People v Cabrera. [read post]