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30 Apr 2015, 11:36 am by Jon Sands
But this did not show any awareness of the consequences of striking the aircraft -- an 18-year-old man told not to aim the beam at someone's eyes does not necessarily understand that the beam could reach the pilot of an aircraft half a mile away, and nothing in the record showed that he understood the physics behind lasers, specifically that the beam can intensify as it shines through the glass of a cockpit. [read post]
25 May 2015, 1:53 pm
Moreover, the defendant asserts that the allegation that the child suffered "substantial pain" is uncorroborated hearsay and does not indicate that the child was injured as a result of his actions. [read post]
10 Nov 2016, 12:00 am
General Conditions of Probation The Code of Alabama Title 15 §22-50 permits circuit and district courts to sentence defendants falling into the categories described above to probation in both misdemeanor and felony cases where the punishment for such crimes does not include death or potential imprisonment for more than 15 years. [read post]
20 Jan 2018, 8:17 am by Andrew Delaney
Even if a person does not qualify as “needy,” the trial court still has to determine a copay commensurate with the person’s ability to pay. [read post]
8 Jan 2014, 3:13 pm
 Turning to the defendants’ spoliation claim, the Court sanctioned the plaintiffs for their intentional failure to preserve and produce a CD containing software sought by the defendants during discovery. [read post]
30 Jan 2013, 12:56 pm
It should go without saying, that this does not mean a person has right to physically or directly confront a person, outside of the criminal justice process. [read post]
18 Nov 2015, 10:01 am by David Post
Permitting a prosecutor to withhold exculpatory evidence during a defendant’s evaluation of a plea offer would essentially “cast[] the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice. [read post]
8 Oct 2021, 9:09 am
” Although the amendment does not define exactly how long “speedy” is, both the federal government and Illinois have passed laws that define how long a prosecutor has to bring a defendant to trial. [read post]
23 Jun 2023, 12:16 pm
  The majority here thinks that the limiting instruction – which does in effect render the evidence inadmissible against the non-confessing defendant – suffices. [read post]
31 Jan 2024, 9:12 am by Unknown
The defendant, on the other hand, relinquishes the right to defend the case in court, in the press, and in the eyes of the public. [read post]
10 Sep 2018, 8:40 am by Gregory B. Williams
The Court also granted defendants’ motion to dismiss in part in the 1647 action after finding that claim 1 of United States Patent Number 6,227,850 (“the ‘850 patent”) is directed to an abstract idea, does not include an inventive concept and, thus, is directed to patent-ineligible subject matter under Section 101. [read post]
21 Aug 2011, 10:56 am by Brian Shiffrin
Persistent offender statutes Prosecutors often enjoy raising the specter of persistent felony sentencing if a defendant does not accept a lousy offer. [read post]
11 Aug 2011, 7:16 pm by Brian Shiffrin
Persistent offender statutes Prosecutors often enjoy raising the specter of persistent felony sentencing if a defendant does not accept a lousy offer. [read post]
21 Aug 2011, 10:56 am by Brian Shiffrin
Persistent offender statutes Prosecutors often enjoy raising the specter of persistent felony sentencing if a defendant does not accept a lousy offer. [read post]
13 Aug 2011, 7:30 pm
Walker or her defense counsel and that the prosecution does not make reasonable efforts to procure the defendant or defendant's counsel, then the claim or motion will be deemed abandoned. [read post]
31 Mar 2009, 6:11 pm
  In writing for a unanimous court, Justice Ginsburg stated "[a] state trial court's good faith but erroneous denial of a criminal defendant's peremptory challenge, we hold, does not require automatic reversal of the defendant's conviction, provided that all persons seated on the jury are qualified and unbiased. [read post]