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9 Nov 2023, 6:37 am by Alex Phipps
Joining the three defendants’ cases for trial was not error; testimony about complaints referencing defendant’s black car was not hearsay; defendants had constructive possession of drugs found in apartments. [read post]
13 Apr 2007, 8:09 am
Caron, 142 F.3d 12 (1st Cir 1998)The more troublesome decision is the use of the penile plethysmograph, but here the main focus must be upon [the psychologist] rather than the other defendants. [read post]
27 Feb 2018, 9:01 pm by Sherry F. Colb
We now must pay attention and condemn the “not guilty” verdicts just as we would the conviction of an innocent defendant. [read post]
19 Sep 2016, 2:07 pm by R. Locke Beatty
  In the Wash.io Wage and Hour Cases, the parties’ proposed settlement calculated different potential payouts to class members based on the future valuation of the defendant, an app-based laundry service, and the court concluded the odds of any particular valuation being reached needed to be assessed prior to determining whether the agreement was a fair deal for class members. [read post]
Bank National Association, 479 F.3d 999 (9th Cir. 2007), when a class action complaint alleges damages below the jurisdictional minimum, the removing defendant must establish to a “legal certainty” that the amount in controversy exceeds the jurisdictional requirement. [read post]
27 Mar 2018, 6:05 pm by Douglas Berman
The defendants subsequently sought to have their sentences further reduced after the U.S. [read post]
26 Jun 2017, 4:27 am by SHG
An additional change, and one with significant impact on the detention question before me under §3142(f)(2), is the actual factual basis we now have both for the nature of the crimes with which Mr. [read post]
4 Jul 2017, 4:32 am by Mario Machado
§ 848; and (5)       not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not… [read post]
22 Aug 2017, 12:17 pm by emagraken
” The Defendant was criminally convicted for his actions. [read post]
28 Feb 2014, 9:13 am by James S. Friedman, LLC
  In response, the Court found that “[i]f there is a reasonable probability that [defense counsel] would have hired an expert who would have instilled in the jury a reasonable doubt as to [defendant's] guilt had [counsel] known that the statutory funding limit had been lifted, then [defendant] was prejudiced by his lawyer’s deficient performance and is entitled to a new trial. [read post]
12 Nov 2019, 4:00 pm
The defendants enter into adhesion contracts with users, arrogating unto the defendants an opaque right to ban any user for violating the defendants’ so-called “community standards. [read post]
12 Nov 2019, 4:00 pm
The defendants enter into adhesion contracts with users, arrogating unto the defendants an opaque right to ban any user for violating the defendants’ so-called “community standards. [read post]
2 Oct 2007, 7:33 am
Lafferty again signed both sections of the ATF form, denied involvement in the burglary and stated, "[I]f you're going to charge me, charge me. [read post]