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6 Jan 2014, 1:28 pm by Stephen Bilkis
Crawford v Washington and People v Brown held that the Confrontation Clause bars the admission of testimonial out-of-court statements made by a witness who is not subject to cross-examination. [read post]
6 Jan 2014, 7:07 am by Diane Marie Amann
” Dolidze’s news hook is The “Arctic Sunrise” Case (Kingdom of the Netherlands v. [read post]
3 Jan 2014, 3:38 am by Dan Harris
Delaney’s focus is on exporting products and services from the United States, with a particular nod towards SMEs. [read post]
1 Jan 2014, 6:40 pm by Kenneth Vercammen
Thus, generally, cross motions do not "'obviate a plenary trial of disputed issues of fact, where such exists; nor do cross-motions constitute a waiver by the litigants to such a trial.'" [read post]
1 Jan 2014, 4:33 am
 According to the recent Generics v Teva/Yeda decision, the burden of proof should therefore be on the alleged infringer, not the patentee. [read post]
30 Dec 2013, 6:37 pm by Thaddeus Mason Pope, J.D., Ph.D.
 In contrast, one of the argument to the state appellate court,about not getting a chance to adequately cross-examine the neurologist, seems reasonable. [read post]
30 Dec 2013, 3:17 pm
As held in People v Lewis, People v Ventimiglia, People v Santarelli and People v Allweiss, it is elementary that evidence of a defendant's prior criminal or immoral conduct is inadmissible if it cannot logically be linked to some specific material issue in the case. [read post]
30 Dec 2013, 8:10 am by Eric Goldman
Normally, a proposal like this get rubber-stamped through a state bar’s review process, so its approval seemed inevitable. [read post]
29 Dec 2013, 1:40 pm by Stephen Bilkis
Section 932 of the Code of Criminal Procedure was later superseded by Criminal Procedure Law § 410.70(3) where the statute specifically states that the court must conduct a summary hearing and allow the defendant to present evidence on his behalf and cross-examine witnesses. [read post]
29 Dec 2013, 12:29 pm by Graham Smith
  Constantin Films v UPC is pending in the CJEU. [read post]
27 Dec 2013, 2:44 pm
DD, who was not himself abused, stated that, upon approaching defendant's desk, he had seen defendant with his hand down MM's pants. [read post]