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7 May 2015, 1:54 pm
When a defendant pleads guilty or no contest to a criminal charge or is found guilty after a trial, the judge will sentence the defendant. [read post]
31 Aug 2022, 5:20 am by Y. Michael Yin, JD
Since the sanctioning nature of the Rule 11 grant of fees does not involve or dispose of any underlying issue in the ongoing litigation, it does not affect a substantial right and was dismissed. [read post]
11 Jun 2019, 7:52 am by Steven Cohen
  The court opines that this allegedly narrow focus does not render the resulting opinions unreliable. [read post]
7 Nov 2013, 1:49 pm by Daniel Richardson
       The majority does not address defendant’s other arguments after finding him to have waived his improper-service argument and therefore affirms. [read post]
27 Dec 2020, 4:33 pm by Steve Kalar
When the Commission does get a forum, will its skepticism of Compassionate Release change? [read post]
25 Jan 2013, 4:27 pm by Jon Sands
Vidal-Mendoza, No. 11-30127 (01-15-13) (Ikuta with Tashima and Tallman)A change in law does not help this 1326 defendant. [read post]
31 Oct 2014, 1:57 pm
Note that the word "fraudulent" in this context doesn't mean that joining a defendant for the purpose of destroying diversity will give rise to a claim against you for fraud - "fraudulent joinder" is simply a term of art used to describe this practice and does not necessarily reflect any nefarious intent. [read post]
While the visitors did not live in the immediate vicinity, a public nuisance claim does not require injury to the plaintiff’s property. [read post]
9 Apr 2014, 4:39 am
A Virginia court may exercise specific jurisdiction over a defendant when the defendant has sufficient minimum contracts with Virginia such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. [read post]
12 Jul 2020, 5:24 pm by Robert L. Abell
One is where it leads to a higher offense level for a person that merely facilitates possession of firearms by a prohibited person than it does where a person transfers firearms to an individual believed to intend on using that firearm to commit a crime. [read post]
24 Jul 2018, 10:00 am
Relying on an officer who has an alleged trust issue to self-report does not sufficiently protect defendants’ due process rights. [read post]
29 Mar 2010, 11:08 am by Jon Sands
The government does not have to prove that the defendant knew the person or knew that the person was actually living when the person's identity was stolen. [read post]
20 Dec 2013, 6:17 am by Brian Shiffrin
  Mistrial        The defendant does not have to agree to the defense counsel’s request for a mistrial. [read post]
23 Aug 2013, 3:44 pm
Hence the acquittal of one of two defendants means merely that the People were unable to prove his guilt beyond a reasonable doubt; it does not mean that the People will necessarily be unable to prove guilt of the other defendant beyond a reasonable doubt. [read post]
13 Feb 2013, 9:01 pm by Vikram David Amar
  The second distinction—the need for both Houses of Congress, and not just one, to be involved before legislative standing is allowed—does draw support from the facts of Chadha (and those of Karcher, for that matter, where the leaders of both chambers of the New Jersey legislature intervened to defend), and also from the fact that Article I of the U.S. [read post]
19 Jul 2012, 3:56 pm by Matt Murphy
Earlier this week, ProPublica published an article discussing the government’s attempts to censor the statements of the defendants in the 9/11 Guantanamo military commission trials. [read post]
In other words, while the jury must unanimously find that the defendant committed the crime charged, the jury does not have to agree as o the means by which the crime was committed. [read post]
2 May 2012, 11:54 am by Bexis
  We don’t think that should matter, but to the extent that it does – a word to the wise is sufficient. [read post]