Search for: "Owens v. Owens" Results 761 - 780 of 1,522
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8 Aug 2014, 6:05 pm by Donald Thompson
As we know, under the due process clauses of the New York State Constitution, Article I, § 6, and the United States Constitution, Fourteenth Amendment, evidence of a pretrial identification of the defendant is inadmissible if the procedure used is “unnecessarily suggestive” (Neil v Biggers, 409 US 188 [1972]; People v Adams, 53 NY2d 241 [1981]; People v Owens, 74 NY2d 677 [1989]; People v Farraro, 144 AD2d 976 [4th Dept 1988]). [read post]
24 Nov 2015, 11:58 am by Lyle Denniston
Owens — whether a trial judge’s comments about the motive of the accused violates the right to have guilt decided solely on the evidence at trial; and whether this was a harmless error Wednesday, January 13: Bank Markazi v. [read post]
26 Mar 2015, 8:20 pm by Donald Thompson
 The use of a weapon, depending on the manner in which it is used, may also be indicative of the intent to inflict serious physical injury (People v Haynes, 39 AD3d 562 [2nd Dept 2007] [defendant killed the victim by driving a car straight at him]); People v Lewis, 300 AD2d 827 [3rd Dept 2002] [defendant killed victim by stabbing victim causing a deep penetrating wound through the back to the heart]; People v Owens, 251 AD2d 898 [3rd Dept 1998] [defendant… [read post]