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1 Jun 2016, 5:00 am
Defendants jointly make the following claims on appeal: (1) insufficient evidence supports the substantive gang charge (count 8); (2) insufficient evidence supports the gang enhancements on counts 1 through 7; (3) insufficient evidence supports the jury’s finding a nonparticipant was present during the commission of the burglary; (4) the trial court erred in instructing the jury regarding the presence of a nonparticipant during the burglary; (5) the trial court erred in failing to define… [read post]
16 May 2016, 4:07 pm
The court’s decision appears to be sua sponte (on the court’s own initiative), as there is no record of any party to the case asking the court to hear the case en banc in the first instance. [read post]
12 May 2016, 8:21 am
Ele foi o responsável por romper com a Igreja Católica e fundar sua própria igreja, além de se separar de sua primeira esposa para casar com Ana Bolena, algo impensável para a época. [read post]
6 May 2016, 7:20 am
When the motion was filed more than 28 days later, the Court sua sponte denied the motion as untimely, citing cases holding that the 28 day rule is jurisdictional and cannot be extended for any reason, ever, even if the non-moving party agrees to the extension. [read post]
5 May 2016, 3:09 pm
SUAs generally involve both mail and wire fraud. [read post]
4 May 2016, 1:40 pm
., granted motion to vacate but sua sponte dismissed case without notice or hearing, and denied motion for rehearing. [read post]
4 May 2016, 1:40 pm
., granted motion to vacate but sua sponte dismissed case without notice or hearing, and denied motion for rehearing. [read post]
4 May 2016, 1:40 pm
., granted motion to vacate but sua sponte dismissed case without notice or hearing, and denied motion for rehearing. [read post]
2 May 2016, 10:03 am
Já que a votação ocorrerá em 3 de maio, ainda é crucial que você expresse agora suas preocupações aos membros CPICIBER. [read post]
26 Apr 2016, 9:01 pm
Ergo, STF made two major mistakes: (i) it introduced a second-opinion mechanism in impeachment legislative proceedings and, more importantly, (ii) ruled the limits of its own jurisdiction over judicial review of impeachment procedure, defying the maxim nemo judex in causa sua (“no one should be a judge in his own cause”).Second OpinionsMechanisms of second opinion, e.g., senatorial review of the House impeachment decision, are generally intended to improve the accuracy of… [read post]
26 Apr 2016, 6:15 am
O InternetLab desenvolveu sua própria metodologia brasileira para considerar as realidades sociais e legais no Brasil. [read post]
25 Apr 2016, 5:08 pm
It involved a Notice of Motion, Order to Show Cause, Petition and Cross Motion where the court was called upon to determine (1) whether the attorney for the defendant's application to be relieved as attorney of record should be granted; (2) if the defendant's applications brought pro se while still represented by counsel were properly before the court; (3) whether or not the defendant was entitled to a 30 day stay of all proceedings in the event counsel was relieved pursuant to CPLR… [read post]
24 Apr 2016, 7:00 am
Editor’s Note: What is a drone? [read post]
21 Apr 2016, 4:42 pm
There is a suggestion here to remand this piece sua sponte to the trial court to review the sealing, since it appears to have been done in error.Justice Dooley dissents. [read post]
20 Apr 2016, 1:01 pm
The SJC pulled the case upOnce Chadwick docketed her appeal in the Appeals Court, the SJC sua sponte took the matter up, and solicited amicus briefs on the issue of "Whether Massachusetts will recognize a union-member testimonial privilege, such that the plaintiff in this case, in her underlying employment discrimination action against her employer, would not be required to produce in discovery communications between herself and her union representatives related to her case. [read post]
20 Apr 2016, 1:01 pm
The SJC pulled the case upOnce Chadwick docketed her appeal in the Appeals Court, the SJC sua sponte took the matter up, and solicited amicus briefs on the issue of "Whether Massachusetts will recognize a union-member testimonial privilege, such that the plaintiff in this case, in her underlying employment discrimination action against her employer, would not be required to produce in discovery communications between herself and her union representatives related to her case. [read post]
17 Apr 2016, 10:01 pm
Finally, although we agree that it was improper for the Surrogate's Court, sua sponte, to disqualify appellant and the firm from representing the petitioner, appellant has not demonstrated that the court cannot fairly and impartially preside over this proceeding. [read post]
15 Apr 2016, 4:56 am
This post examines an opinion from the U.S. [read post]
14 Apr 2016, 2:38 pm
Nevertheless, it was the panel’s suggestion in dicta that the Lanham Act’s disparagement clause might be unconstitutional that prompted the court to move sua sponte to review the case again en banc last year. [read post]
14 Apr 2016, 2:38 pm
Nevertheless, it was the panel’s suggestion in dicta that the Lanham Act’s disparagement clause might be unconstitutional that prompted the court to move sua sponte to review the case again en banc last year. [read post]
