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In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]

Inforrm's Blog - http://inforrm.wordpress.com

MSC Opinion: To succeed on a motion for a new trial on grounds of newly discovered evidence, a defendant must demonstrate reasonable diligence to discover and complete unawareness of new evidence

18 May 2012, 1:54 am by Sarah Lindsey

In People v. [read post]

One Court of Justice - http://www.ocjblog.com

CPLR § 2307

17 Apr 2015, 1:53 pm by Stephen Bilkis

(See People v. [read post]

New York Criminal Lawyer Blog - http://www.nycriminalattorneyblog.com/

Tereshchenko v. Karimi, --- F.4th ---- 2024 WL 2202151 (2d Cir., 2024) [Ukraine][Grave risk of harm][ Temporary ameliorative measure][Return a child to petitioner not in the place of habitual residence]

29 Jun 2024, 5:59 am by Joel R. Brandes

In Tereshchenko v. [read post]

A Child is Missing - http://joelbrandes.blogspot.com/

Oakland County Embryo Case Heading for Evidentiary Hearing

19 Jun 2018, 8:18 pm by Timothy P. Flynn

See Harvey v Harvey, 470 Mich 186, 194 (2004) (stating that “parties cannot stipulate to circumvent the authority of the circuit court in determining the custody of children”). [read post]

The Law Blogger - http://oplawblog.blogspot.com/

Payment of Husband's Pre-marital Support Arrears Results in Equitable Distribution Credit to the Wife

12 Nov 2012, 7:24 am by Neil Cahn

Levenstein was convicted in the United States District Court for the Eastern District of Virginia, for the failure to pay child support (see 18 USC § 228). [read post]

Divorce: New York - http://www.divorceny.com/

Improper reference to homosexuality is prosecutorial misconduct [NOT FINAL]

29 Feb 2008, 7:42 am

Rachel Pickering won in State v. [read post]

Kansas Defenders - http://kansasdefenders.blogspot.com/

NMCCA's Salinas opinion

3 Feb 2008, 4:36 am

On 29 January 2008, NMCCA affirmed the findings and sentence in a published opinion in United States v. [read post]

CAAFlog - http://caaflog.blogspot.com/

At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond

29 Apr 2010, 1:58 pm by PaulKostro

’” M.C., III, supra, ___ N.J. at ___ (slip op. at 25) (quoting State v. [read post]