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2 Feb 2009, 3:39 am
" Court watchers across Washington State believe that flat fee contracts for people needing court-appointed lawyers does not provide indigents a fair representation because defenders like Earl may not properly defend a client due to their own profit motive. [read post]
1 Jun 2016, 10:28 am
The Pennsylvania Superior Court has previously held that “any reference to counsel as the public defender is insignificant and does not violate equal protection. [read post]
25 Mar 2013, 6:21 am
Here, we move on to another question: how does our society shoulder this burden? [read post]
25 Mar 2013, 6:21 am
Here, we move on to another question: how does our society shoulder this burden? [read post]
11 Sep 2020, 12:09 pm
A defendant who does not report a new charge could face an additional violation for failing to inform the officer, but this will likely be overshadowed by the offense itself. [read post]
28 May 2008, 1:00 am
Application of the co-conspirator exception to hearsay is another example, where the judge has to conclude, among other things, that the defendant conspired with a third party to commit a crime, before the judge may admit the third party's out-of-court statement against the defendant, and the jury must conclude the same thing to convict the defendant on conspiracy charges.Though perhaps somewhat troubling, "coincidence" arguably does not undermine… [read post]
16 Jan 2019, 6:35 am
In the criminal context, a defendant is guilty of deception if he or she promises to perform services he or she does not intend to perform or knows cannot be performed. [read post]
19 Mar 2019, 9:29 am
Together with my co-counsel from Munger Tolles and the Lancaster County Public Defender, we have asked the Court to grant cert to answer the following question: Whether Illinois v. [read post]
6 Feb 2019, 11:37 am
" The defendants have waived their right to respond, so here are the possibilities: None of the Justices calls for a response, which means that the Court will deny review (likely on Feb. 22 or Feb. 25, because the petition is currently scheduled to be considered on Feb. 22). [read post]
22 Mar 2015, 12:24 pm
But the Court of Appeals noted that alone does not prove apparent agency. [read post]
5 Dec 2018, 9:24 pm
But we do know that it does happen. [read post]
6 Jul 2012, 12:40 pm
This illustrates that the Court really does not like Rule 11 motions and those need to be made only after careful thought. [read post]
27 Dec 2012, 5:32 pm
The Nevada court states that they only have jurisdiction over the defendant and does not have personal jurisdiction of the plaintiff and the minor child. [read post]
27 Apr 2010, 5:30 am
” The court noted that it is undisputed that CAFA does not apply retroactively, but the defendants argued that when the plaintiffs converted their suits to a class action, they commenced a new suit under CAFA. [read post]
2 Jun 2017, 8:00 am
The court had dismissed the radiology technician as a party defendant on that defendant’s motion. [read post]
17 Sep 2007, 1:01 pm
Dept. of Children and Families Interstate Services Unit, it does grant their motion for a more definite statement. [read post]
11 Aug 2013, 4:07 pm
The fact that defendants have no prior criminal record does not warrant dismissal in the interests of justice. [read post]
27 Jun 2013, 5:08 pm
Although the court acknowledges that there does exist varying misconceptions regarding battering relationships, this court does not believe any such potential lack of understanding in this particular case is sufficient grounds for admitting expert testimony which otherwise has only limited probative value but substantial prejudicial impact on the defendant. [read post]
18 Aug 2011, 11:42 am
Provides that if a defendant does not appear as provided in a bond and the court orders the bail agent and the surety to surrender the defendant to the court, the clerk may send notice of the order by electronic mail to the bail agent and surety. [read post]
8 Apr 2015, 4:01 pm
Penal Law § 265 does not mention air guns in its definition of firearms. [read post]
