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19 Dec 2013, 3:53 pm by Stephen Bilkis
As indicated above, the Due Process Clause does not provide a right to a defendant to obtain a prior inconsistent statement of a governmental witness. [read post]
27 Sep 2013, 5:06 pm
Though the Court file does not reflect the People's Statement of Readiness at arraignments, as noted above, the purpose of the adjournment is reflected in the Court file. [read post]
1 Feb 2013, 3:04 pm
The court explained that the purpose of a restraining order is not to punish anyone, although it does require proof that a crime (assault, stalking, harassment, kidnapping, etc.) had been committed previously. [read post]
3 Oct 2013, 3:45 pm by Stephen Bilkis
This is so because a chemical test does not require defendant to provide evidence of a testimonial or communicative character and therefore does not implicate defendant's right against self-incrimination. [read post]
9 Sep 2016, 12:35 pm by Quinta Jurecic
She points to Tsarnaev, Moussaoui, and McVeigh to argue that in no other capital litigation has the defendant been left with only two counsel. [read post]
10 Aug 2011, 6:04 am by Ted Frank
But such a statistic does seem to suggest either overaggressive prosecutors or rampant jury nullification. [read post]
28 Feb 2018, 9:51 am by Cross & Smith
  Liability does not necessarily attach to the defendant on the basis of a mistake. [read post]
2 Mar 2020, 3:11 pm
  But the relevant employee of the defendant nonetheless does exactly that. [read post]
10 Oct 2023, 11:23 am by Rebecca Tushnet
Challenged claim: DealMaker’s platform does not offer “checkout in under one minute” to its customers, while Issuance’s platform does: This was likely explicitly false. [read post]
26 Dec 2018, 6:49 am by Steven Cohen
In addition, the court opines that it does not need to reach the defendant’s argument that Dr. [read post]
21 Aug 2023, 4:05 am by Howard Friedman
For purposes of this appeal, the beis din ruling is essentially a report confirming plaintiff's assertion that defendant failed to participate in the beis din proceeding in violation of his obligations under the MSA....Defendant agreed in the MSA to abide by the beis din ruling, whatever that might be. [read post]
8 Apr 2019, 4:00 am by Public Employment Law Press
The court, however, observed that Plaintiffs' expert contended that Defendant violated provisions of these laws, but his opinions were based on assumptions without any explanation of how these laws were applicable in this instance.Further, although Plaintiffs also assert that Defendant violated local ordinances by failing to obtain permits when certain work was performed inside the house, the Appellate Division noted that record does not indicate that any of those… [read post]
9 Aug 2013, 1:27 pm
The court noted, however, that the defendant raises no issue as to his conviction for unauthorized use of a vehicle in the third degree, a crime for which one can be found guilty by merely riding in a vehicle knowing he does not have the consent of the owner" The matter is remitted to the trial court for resentencing with respect to the conviction of unauthorized use of a vehicle in the third degree. [read post]