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24 Dec 2013, 1:06 pm by Stephen Bilkis
The Criminal Court rejected defendant's demand for a jury trial. [read post]
4 Dec 2020, 8:01 am by Jonathan F. Marshall
The law division must abide by certain requirements on review, and if it does not, its decision may be overruled as well. [read post]
14 Apr 2011, 4:27 pm by Eugene Volokh
But the court also independently held that “the Second Amendment does not protect the defendant in this case because the Commonwealth established at trial that apartment 12 was not the defendant’s home. [read post]
26 Jun 2017, 10:48 am by Jeff Welty
Does Brady require the disclosure of information that is favorable, but does not rise to the level of being material? [read post]
1 Jun 2010, 1:46 pm by admin
Even if a defendant does not invoke his rights under Miranda, in order to use a statement obtained during an interrogation, the State must show that the defendant’s waiver of his rights under Miranda was knowing and voluntary. [read post]
13 Nov 2007, 4:49 am
Nevertheless, defendant's failure to file notice of appeal within ten days as required by rules requires dismissal of appeal where Government raises objection to defendant's failure to comply and defendant does not qualify for unique circumstances exception.Read the opinion here. [read post]
10 Apr 2017, 12:14 pm by James (Jim) P. Flynn
After all, what value does a trade secret hold when it’s no longer a secret from the trade? [read post]
10 Apr 2017, 12:14 pm by James P. Flynn
After all, what value does a trade secret hold when it’s no longer a secret from the trade? [read post]
21 Dec 2006, 7:29 am
Planned Parenthood summary: As a result of the counseling, assertions and representations of the Planned Parenthood personnel and various Defendants, [Doe] underwent an abortion that day. [read post]
26 Mar 2008, 7:00 am
Code, § 647.6), who completes his or her probation successfully, has the absolute right to secure an expungement, a defendant convicted of, say a DUI charge, does not have a similar right unless the court decides, "in the interests of justice" to grant the defendant expungement. [read post]
18 Oct 2013, 2:51 pm by Stephen Bilkis
While probable cause does not require the same quantum of proof necessary to support a conviction, it does require the existence of facts and circumstances which, viewed together, would lead a reasonable person possessing the same expertise as the arresting officer to conclude that an offense has been or is being committed, and that the defendant committed or is committing that offense. [read post]
17 Jun 2016, 4:20 am by SHG
Good lawyering does. [read post]
3 Oct 2007, 4:20 am
Such review, however, requires that defendant have at least made an argument for lower sentence in district court. [read post]
3 Jul 2012, 2:41 pm by K&L Gates
  Specifically, the court explained that such a burden was placed on every third party respondent to a subpoena and could not be used to create standing for a defendant “where none exists” and later opined that “it does not take much to search and provide the data to the court. [read post]
19 Mar 2021, 5:54 am
 If, however, the amendment effects a substantive change in the law, the defendant does not receive the benefit of the change. [read post]
9 Apr 2015, 8:14 am
DRL § 232 permits plaintiffs to request permission to utilize one of the alternative methods allowed under the Civil Practice Law and Rules (CPLR) that does not require “in-hand” delivery to the defendant. [read post]
30 Nov 2018, 6:54 am by admin
The post How Long Does a Personal Injury Lawsuit Take? [read post]