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9 Nov 2010, 10:21 am
In order to establish plain error, Appellant must show: 1) the alleged error clearly appears in the record; 2) the error transgressed an unequivocal rule of law in a clear and obvious way; and 3) the error adversely affected Appellant’s substantial right resulting in material prejudice to him.The first prong of the plain error test is satisfied. [read post]
9 Nov 2010, 2:26 am
And that’s enough, the courts have repeatedly held, and does so again here: the waiver has to be in writing, and acknowledged in open court, but that’s it. [read post]
8 Nov 2010, 12:15 pm
Due to the errors made by both parties, the court concludes that it is instead appropriate to open the record pursuant to Fed. [read post]
8 Nov 2010, 8:23 am
When it comes to aggravating circumstances in capital cases, states can either restrict the sentencer to a prescribed list or open it up to something pretty close to a mirror image of the Lockett anything-goes rule. [read post]
7 Nov 2010, 3:01 pm
Hence, an error of publication date, even if it had occurred, would be an error of fact and not of procedure. [read post]
5 Nov 2010, 1:38 pm
Nevertheless, this error does not require a new trial. [read post]
4 Nov 2010, 11:17 am
The rule is open for public comment, and commissioners have to vote again before it becomes final. [read post]
3 Nov 2010, 4:01 pm
There was no need to open or disassemble any parts of the device for this purpose, since the access to the service menu by using the keypad was expressly foreseen by the manufacturer of the “Milli-Q” device. [read post]
3 Nov 2010, 9:23 am
In essence Myriad asserts that his primary error was to truncate the rule from Medimmune at “controversy”and then this was compounded by his supposition that “all of the circumstances” can include a desire to see a public policy that is at least mildly controversial be considered by the judicial system. [read post]
2 Nov 2010, 12:12 pm
The argument will proceed in open session, followed by a closed session if necessary. [read post]
2 Nov 2010, 8:36 am
Graves was writing a letter inside his cell when a guard opened the door and walked him to a small interrogation room. [read post]
2 Nov 2010, 1:40 am
AstraZeneca sought and got a preliminary injunction against Apotex, which was hankering to launch a generic version of the asthma drug Pulmicort. [read post]
1 Nov 2010, 7:33 pm
If a customer constantly makes operational errors, and additional training cannot remediate the issue, that would be a good reason to remove RDC from that customer. [read post]
1 Nov 2010, 1:40 pm
Other objections to the agent’s testimony were raised for the first time on appeal, and thus were subject to the more onerous plain error standard. [read post]
1 Nov 2010, 4:57 am
From the Oct 29th Tribune, here's the most recent offending passage:Since the Jack Harwell center opened in June, the 816-bed jail has remained less than half- full.Revenue from housing inmates from other areas is needed to repay the $49 million in bonds that financed the jail’s construction. [read post]
1 Nov 2010, 3:10 am
s argument to succeed would open the door for “gamesmanship” where patentees could take advantage of reexamination to alter the Court? [read post]
31 Oct 2010, 12:19 pm
I get an error that says "run-time error, invalid file format, 20009. [read post]
31 Oct 2010, 9:49 am
Warren said that the Bureau will have an open platform that invites consumers to share their experiences with credit and financial products. [read post]
30 Oct 2010, 6:37 pm
Isn’t anyone else fighting the urge to open the window and scream: STOP IT! [read post]
29 Oct 2010, 6:01 pm
The Court found that although Target’s trademark was valid as of January 2007, it was not durable and lost its distinctiveness when Target failed to re-open open a market by 2009. [read post]
