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16 Dec 2013, 6:04 am
The issue on appeal is whether certain remarks made by the prosecutor, Michael Pepper, in closing argument denied the defendant a fair trial by unduly burdening his constitutional rights to put the state to its proof in a jury trial, to confront witnesses against him, and to present a defense pursuant to the sixth and fourteenth amendments to the United States constitution and article first, § 8, of the constitution of Connecticut. [read post]
16 Dec 2013, 5:40 am
At Inter Alia, the online companion to the Yale Law and Policy Review, Brian Christopher Jones uses United States v. [read post]
15 Dec 2013, 5:05 pm
Because we don't really give a shit about constitutional rights or fair trials. [read post]
15 Dec 2013, 2:21 pm
The quoted paragraph tells us nothing about the presumption principle. [read post]
13 Dec 2013, 7:42 pm
” In other words, the high court should have simply dismissed the petition for want of evidence. [read post]
13 Dec 2013, 12:57 pm
In Texas state courts, the plaintiff's first pleading that is used to initiate the civil action against the defendant is called ORIGINAL PETITION rather than ORIGINAL COMPLAINT, and the instrument that directs the process server or peace officer (constable or sheriff) to serve it on the defendant is called a CITATION rather than a SUMMONS. [read post]
13 Dec 2013, 8:41 am
The big trouble, however, really starts when the court would have us believe that: “[T]here is nothing to suggest that this principle would not apply to pre-constitutional laws which have been adopted by the parliament and used with or without amendment. [read post]
13 Dec 2013, 4:59 am
This wasn’t the first time Vietnam has used tax evasion charges to jail and reign in bloggers; the same charges were used by the Vietnamese government to imprison popular, political blogger Nguyen Van Hai in 2008. [read post]
12 Dec 2013, 3:56 pm
Aereo has relied on the landmark 2008 Cablevision case, which ruled that use of a remote-DVR is legal and doesn't constitute a "public performance" under copyright law. [read post]
12 Dec 2013, 2:55 pm
Found that the user’s ability to alter the video game character’s appearances is insufficient to constitute transformative fair use of Hart’s publicity rights. [read post]
12 Dec 2013, 2:14 pm
A weapon was not used. [read post]
12 Dec 2013, 10:09 am
He moved to dismiss the petition on the basis that certain provisions of the statute as applied to him are violative of the United States and New York State constitutions. [read post]
12 Dec 2013, 7:01 am
And here's something you can do: SIGN THIS PETITION! [read post]
12 Dec 2013, 2:50 am
Hearing more Rule 23(f) petitions. [read post]
11 Dec 2013, 11:41 am
A week later, the State petitioned to revoke his probation. [read post]
9 Dec 2013, 9:01 pm
Third parties like former stepparents can also, in some states, petition for nonparent custody. [read post]
9 Dec 2013, 7:01 am
Pfizer and predecessor companies actively promoted off-label uses of the drug to treat bipolar disorder, migraine headaches, and other forms of pain management related to diabetes. [read post]
7 Dec 2013, 5:00 am
The court also rejected, with detailed analysis we will not repeat here, the idea that the vague constitutional injuries alleged by all the plaintiffs constituted cognizable injuries in fact. [read post]
6 Dec 2013, 2:25 pm
” Which brings us to the United States’ appeal. [read post]
6 Dec 2013, 7:57 am
Prior to AEDPA, the conventional wisdom in Supreme Court habeas practice was that too many petitions on behalf of criminal defendants were simply seeking “error correction,” where no broad or important question of constitutional law was implicated. [read post]