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16 Sep 2013, 2:38 pm by Stephen Bilkis
On the other hand, the prosecution presented clear and convincing evidence to support the defendant's classification as a level three offender, in the form of documentary evidence consisting of the presentence report, and the case summary and risk assessment instrument prepared by the Board of Examiners of Sex Offenders based on People v Grimmet, People v Overman, People v Burgess and People v Moore. [read post]
16 Sep 2013, 1:57 pm by Josh Blackman, guest-blogging
Lurking through cases that offered heightened scrutiny outside the normal tiered rubric was a lingering fear of the spirit Lochner, in this body Williamson v. [read post]
12 Sep 2013, 1:20 pm by familoo
But whilst sympathetic on a human level I do think they’re wrong. [read post]
11 Sep 2013, 4:18 am by Timothy P. Flynn
 Oakland Circuit Judge Colleen O'Brien relied on the now-reversed Court of Appeals decision in the People v Koon case, which ruled that even drivers with medical marijuana cards violated the motor vehicle code when driving with THC in their bloodstream. [read post]
9 Sep 2013, 5:29 pm by Stephen Bilkis
The defendant supports his position on the rulings made in Kent v United States and People v Drummond. [read post]
8 Sep 2013, 7:11 pm by Jim Gerl
This is a four-fold increase in the level of criminality over that of non-bullies. [read post]
8 Sep 2013, 7:11 pm by Jim Gerl
This is a four-fold increase in the level of criminality over that of non-bullies. [read post]
8 Sep 2013, 4:15 pm by Stephen Bilkis
It was established in People v Daguiar that minor traffic congestion does not rise to the level of a condition which endangers the safety or health of a considerable number of persons, which is an essential element of Penal Law § 240.45(1). [read post]