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27 Oct 2016, 1:30 pm by Jamie Markham
Corchado, 427 F.3d 815 (10th Cir. 2005) (holding that a judge-found sentencing enhancement based on the defendant’s probationary status did not violate the Sixth Amendment). [read post]
27 Oct 2016, 6:33 am
The opinion begins by explaining that[f]ollowing a jury trial, David DeGeorgis was convicted of two counts of sexual exploitation of children for possessing both printed and electronic images depicting minors engaged in sexually explicit conduct. [read post]
26 Oct 2016, 11:04 am by Michael Lowe
Larkin, 978 F.2d 964, 968 (7th Cir. 1992); In re Melvin, 550 F.2d 674 (1st Cir. 1977). [read post]
26 Oct 2016, 7:38 am by Shea Denning
The court of appeals batted away the defendant’s statutory argument based on the plain language of G.S. 20-179(a1)(1), which requires the State to provide notice of aggravating factors ten days before trial “[i]f the defendant appeals to superior court. [read post]
26 Oct 2016, 7:38 am by Shea Denning
The court of appeals batted away the defendant’s statutory argument based on the plain language of G.S. 20-179(a1)(1), which requires the State to provide notice of aggravating factors ten days before trial “[i]f the defendant appeals to superior court. [read post]
26 Oct 2016, 7:36 am by Rebecca Tushnet
 Moreover, “[i]f information is provided to [SAI] in a capacity unrelated to [its] function as a provider or user of interactive computer services, then there is no reason to protect [it] with the special statutory immunity. [read post]
26 Oct 2016, 5:53 am
It is a `bedrock principle’ that restitution should reflect, and a defendant should be made liable for, `the consequences of the defendant's own conduct,’ `not the conduct of others. [read post]
26 Oct 2016, 4:00 am by Kimberly A. Kralowec
., 797 F.3d 607 (9th Cir. 2015), the district court granted the defendant's motion to strike the class allegations, and the plaintiffs filed a Rule 23(f) petition, which was denied. [read post]
25 Oct 2016, 9:50 am by Andrew Serwin and Adam Fleisher
United States, the court explained that relevant precedent provides that “a defendant subject to the personal jurisdiction of a subpoena-issuing grand jury could not ‘resist the production of [subpoenaed] documents on the ground that the documents are located abroad. [read post]
25 Oct 2016, 8:17 am by Eric Goldman
The case established several key legal doctrines: * it articulated the “volitional” defense to direct infringement, a requirement that the defendant proximately cause the infringement. [read post]
24 Oct 2016, 6:25 pm by Law Lady
THADIUS DEMENTRIEL CRAWFORD, Appellee. 1st District.Civil procedure -- Proposal of settlement -- Attorney's fees -- An offer of settlement is not invalid for failing to state, as required under Rule of Civil Procedure 1.442(c)(2)(F), whether the proposal includes attorney's fees and whether attorney's fees are part of the legal claim, where attorney's fees are not sought in the pleadingsSUSANNE L. [read post]