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4 Oct 2011, 11:34 am
Does the court appointing an attorney for the defendant equate to an invocation of the right to counsel for the fifth amendment right under Miranda (rather than the 6th amendment right to trial counsel)? [read post]
3 Mar 2012, 5:58 am
This district court follows the majority and does not require probable cause for historical cell site location data. [read post]
13 Jun 2012, 5:36 am
June 12, 2012): [B]y arguing that "there was a sufficient basis to file a motion to suppress," and that the defense "had nothing to lose and everything to gain" by filing the motion, Defendant does not establish ineffective assistance of counsel. [read post]
29 Aug 2014, 11:16 am
” Defendants have movedto dismiss the complaint with prejudice.Defendants are arguing that the parts of GTAV where “Lacey Jonas” does appear are not advertising or trade, but is instead an artistic work, and thus out of the scope of New York right of publicity law. [read post]
18 Feb 2016, 7:49 pm
This victory for Defendants also demonstrates that just because no one opposes you on appeal does not necessarily mean you are going to win your appeal.So short of an appeal by TRP of the Ninth Circuit’s decision to the U.S. [read post]
24 Mar 2016, 7:00 am
That a method involving a computer and the internet may be broken down into a series of steps performed by a human does not resolve whether such method is an 'abstract idea.'. . . [read post]
5 Dec 2022, 6:47 am
Again, the college defendants get qualified immunity because the law was not clearly-established whether plaintiff was denied a real chance to defend herself before the college revoked the scholarship. [read post]
3 Apr 2018, 8:17 pm
While most of the time, if a defendant has not been served with a copy of the order, they can claim they had no knowledge, Illinois law does permit the prosecution to argue that the defendant should have had knowledge, or to prove the defendant did in fact know of it, and thus can be found guilty of violating the order - the law requires that the violation be “knowing. [read post]
28 Oct 2022, 12:47 pm
Possible Defenses to Charges for Actual Possession If the police find drugs on someone’s person, that does not mean that a conviction is guaranteed. [read post]
1 Mar 2014, 1:50 pm
The criminal statute does not provide that a field test is admissible as evidence in chief of defendant's intoxication and no such language will be read into the statute by this court. [read post]
28 Sep 2021, 8:10 pm
In 2021 it is impossible to imagine a person shooting four people and receiving a sentence that does not include a mandatory life incarceration. [read post]
10 Jul 2014, 5:00 pm
It does not require any further thought or intent. [read post]
6 Jul 2011, 5:31 am
If you have no reasonable doubt, you should find the defendant guilty.Casey Anthony does not behave as many people believe she should. [read post]
30 Sep 2013, 11:32 am
The report does not say how old the woman is that the 46-year-old man is accused of sexually battering, but the accuser appears to be an adult and not a child - based on the charges. [read post]
26 Jan 2022, 6:48 pm
When Does Statutory Rape Become Aggravated Criminal Sexual Abuse? [read post]
30 May 2013, 4:44 am
Michigan's marijuana law does not define "under the influence" as it pertains to THC. [read post]
13 Jul 2018, 4:00 am
It is evident from the face of the Complaint, however, that JMGC is an authoritarian organization that does not permit dissent or questions regarding its doctrines or leadership. [read post]
24 Jul 2014, 6:15 am
Defendants argued that the letter does not allow the jury to infer unlawful intent to discriminate, but the jury could draw different conclusions about defendants' motives from the content of the letter. [read post]
17 Jul 2017, 6:03 am
What does this mean? [read post]
22 Jan 2014, 11:36 am
The court noted that intentionally or recklessly taking actions does not amount to intentionally or recklessly inflicting emotional distress. [read post]
