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10 May 2022, 8:09 am by DONALD SCARINCI
In 1852, the New York Tribune reported that the Supreme Court would rule in Pennsylvania v. [read post]
1 Nov 2011, 10:48 pm by Mary Whisner
There's a big new study of federal sentencing AND the federal government has begun reviewing the sentences of people serving time for crack cocaine offenses.StudyYesterday the United States Sentencing Commission submitted to Congress a huge (645 pages!) [read post]
29 Dec 2013, 3:13 pm
In People v Linzy and People v Blank, it was held that if this distinction between procedural and substantive changes in the law were mechanically applied, there would be no doubt that the repeal of corroboration laws would not be encompassed within the Ex Post Facto Clause, since such laws do not add to the legislatively defined sex crimes, do not alter the elements of existing crimes, do not elevate the punishment for existing crimes and are generally treated as… [read post]
18 May 2015, 3:19 pm by Stephen Bilkis
34 A.D.3d 850 824 N.Y.S.2d 684 2006 NY Slip Op 9024 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. [read post]
18 Jul 2023, 2:00 am
District Court for the Western District of New York (EEOC v. [read post]
13 Oct 2021, 8:37 pm
Brittany went to her and Contreras’s bedroom and got a shirt and sweatpants for J. to change into, J. changed into the new clothes, and J. got into Brittany and Contreras’s bed.Brittany, Kacie, and Contreras sat on the back patio and Brittany fell asleep. [read post]
28 Feb 2014, 12:04 pm
Coincidentally, as California is drenched in much-needed rain, the Ninth Circuit issues an opinion that reflects the reality that you don't always need a weatherman to know which way the wind blows.The Ninth Circuit issued an opinion back in 2012 written by Judge Randy Smith involving a case in which an AUSA made a new claim in closing argument in order to "sandbag" the defendant, who was never given the chance to respond to this argument. [read post]
11 Mar 2022, 11:04 am by Peter Charles
Many people carry knives or similar tools for work that can be used as weapons, aggressively or defensively. [read post]
23 Mar 2010, 6:04 pm by Brian Shiffrin
In People v Forbes (2010 NY Slip Op 02349 [4th Dept 3/19/10] the Appellate Division, Fourth Department found that there was a violation of the well settled requirement that "police officers need either a warrant or probable cause plus exigent circumstances in order to make a lawful entry into a home" (Kirk v Louisiana, 536 US 635, 638; see Payton v New York, 445 US 573, 589-590):Where, as here, the People contend that a suspect gave… [read post]