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31 Dec 2007, 9:37 am
The court also noted that this tactical decision was a "reasonable" one, likening it to accepting a Rule 11(c)(1)(C) plea.Comment: This is a tough case, because it really does seem that both the district court and the defense attorneys misread the CCE statute. [read post]
30 Dec 2007, 9:51 am
State, 153 P.3d 38 (2007), the Court held that Nevada's habitual criminal statute does not violate Apprendi. [read post]
29 Dec 2007, 3:02 am
Indeed, he did not represent them until some time after the broadcast of an ABC television 20/20 program at the end of August, 2006. [read post]
27 Dec 2007, 7:09 am
Apr. 20, 2007) (Vioxx; fraud on the FDA preemption); (16) Beale v. [read post]
27 Dec 2007, 6:41 am
Despite the court's ruling, it does not automatically follow that Fleming intentionally and knowingly gave false testimony. [read post]
26 Dec 2007, 11:40 am
State of Indiana - "Trenyon Page appeals his sentence for three counts of robbery as class C felonies.1 Page raises two issues, which we revise and restate as: I. [read post]
23 Dec 2007, 4:25 am
LEXIS 73075 (MD PA, Oct. 1, 2007), a Pennsylvania federal district court accepted a magistrate's recommendation (2007 U.S. [read post]
18 Dec 2007, 8:58 am by DWT
Facebook noted that information is not being sold but this does not mean the information is not being collected. [read post]
18 Dec 2007, 8:58 am
 Facebook noted that information is not being sold but this does not mean the information is not being collected. [read post]
18 Dec 2007, 5:14 am
 The motion says "four defendants" can be heard on the recording. [read post]
16 Dec 2007, 1:59 am
The Ohio public defender's office has 20 attorneys in its death penalty division, with a budget for 2008-09 totaling $4.6 million.Studies in other states have suggested potential savings of many millions of dollars annually if the death penalty were replaced by life sentences. [read post]
14 Dec 2007, 3:31 am
Certified Question No. 1: "Does New York common law permit the owner of a famous mark or trade dress to assert property rights therein by virtue of the owner's prior use of the mark or dress in a foreign country? [read post]
14 Dec 2007, 1:13 am
The Ohio public defender's office has 20 attorneys in its death penalty division, with a budget for 2008-09 totaling $4.6 million.Studies in other states have suggested potential savings of many millions of dollars annually if the death penalty were replaced by life sentences. [read post]
12 Dec 2007, 2:33 pm
First, there's the mandatory discussion of the various forms and flavors of preemption (W-L br. at 20-22).After that, there's the introduction of Warner-Lambert's major theme, which is that there's preemption here because the statutorily-mandated fraud on the FDA investigation necessarily puts the state-law jury in the position of making "what if" determinations about what the FDA might have done had the defendant given it some other, different… [read post]
12 Dec 2007, 5:51 am
Which is absurd:1) For crying out loud, her case is on 20/20, which, as is its ken, happily unquestioningly gives the plaintiffs' opening statement in handy manipulative video newsertainment form without mentioning any of the counterevidence. [read post]
11 Dec 2007, 7:00 pm
Note there are no increases for the federal public defenders or Criminal Justice Act lawyers who defend those charged. [read post]