Search for: "Com. v. Foster" Results 61 - 80 of 130
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2 Jun 2014, 10:34 am
    Editor's NotesFor further insight, check out the Audio Brief of oral arguments in Nautilus, Inc. v. [read post]
9 Jan 2012, 3:37 am by Russ Bensing
Foster gave trial courts unfettered discretion in sentencing” was provided by a pair of 2nd District decisions, State v. [read post]
21 Apr 2010, 2:29 am by Russ Bensing
Last week’s 8th District decision in State v. [read post]
29 Jul 2009, 3:47 am
Foster  here and here.) [read post]
25 Aug 2010, 3:33 am by Russ Bensing
Clellan and State v. [read post]
10 Sep 2009, 3:30 am
On the other hand, Scalia’s decision two years ago in Giles v. [read post]
15 Feb 2012, 3:42 am by Russ Bensing
Foster, to the US Supreme Court’s decision resurrecting judicial fact-finding for consecutive sentences in Oregon v. [read post]
17 Nov 2010, 3:51 am by Russ Bensing
Here are the facts in last week’s 8th District decision in Middleburg Heights v. [read post]
11 Jan 2012, 3:38 am by Russ Bensing
  Although the court has resolutely adhered to the (false) idea that Foster gave trial courts unfettered discretion in sentencing, there was a glimmer of hope on the issue of disproportionality, with the court holding in both State v. [read post]
9 Mar 2009, 4:20 am
  In State v. [read post]
1 Jul 2011, 5:14 am by Russ Bensing
Ice had implicitly overruled State v. [read post]
11 Jan 2011, 3:50 am by Russ Bensing
  The court rejects that argument, as it has always done before, but in a footnote mentions that “The Ohio Supreme Court is expected to decide whether the Foster decision remains good law in light of Ice in State v. [read post]
12 Jun 2012, 3:45 am by Russ Bensing
  CrimR 32(A)(4) and pre-Foster law would indicate that a judge does. [read post]