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10 Sep 2009, 6:59 pm by Brian Shiffrin
As you know, it has long been held that counsel fails to preserve for appellate review legal insufficiency claims when he has failed to raise the issue in a specific TOD motion (see, People v Gray, 86 NY2d 10 [1995]). [read post]
9 Sep 2022, 8:43 am by Eric Goldman
He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and mark it as helpful so that the message is amplified and as many people are warned as possible. [read post]
13 Jun 2022, 12:43 pm by Cindy Cohn
The American people and our Constitution deserve more from federal courts. [read post]
8 Jan 2009, 5:42 pm by SC Divorce and Disabilty
The Medieval Period may be long gone from our history, but there are still some remnants of the dark age of divorce law at work in our courts today. [read post]
3 May 2007, 4:38 am
Teleflex, the court said that patent examiners and judges need to look broadly at how creative people normally combine ideas to solve problems instead of relying on narrow, rigid tests to determine whether an innovation is worthy of a patent monopoly. [read post]
16 May 2018, 2:35 pm by Karen Gullo
In the case before the New York court, People v Perkins, border agents stopped a traveler at JFK International Airport after a flight from Canada. [read post]
19 Jun 2007, 7:12 am
The Sixth Circuit Court of Appeals ruled yesterday, in Warshak v. [read post]
16 Dec 2009, 7:16 pm by Donald Thompson
On 12/15/09 in People v Wrotten (a name that works), the Court of Appeals, relying on People v Cintron (75 NY2d 249 [1990]) held that permitting an adult complainant living in another state to testify via real-time, two-way video after finding that because of age and poor health he was unable to travel to New York to attend court was within the trial court's inherent powers under Judiciary Law § 2-b, absent any specific statutory authority for such… [read post]
17 Jan 2017, 11:00 am by Bruce Thomas
 It got a lot of attention, as did Peter’s first shot at a Supreme Court opinion in HTML form, Two Pesos v. [read post]
20 Dec 2013, 3:41 pm
 Which -- notwithstanding the clear dictates of the rule -- permits oral waivers as long as there's a detailed colloquy with the trial court in which the defendant is told that (1) the jury's twelve people, (2) the defendant gets to help select the jury, (3) the verdict must be unanimous, and (4) at a bench trial, only the judge decides guilt. [read post]
23 Oct 2013, 1:49 pm
 When the government invents -- out of whole cloth -- a purported "stash house" that purportedly has a ton of cocaine in it, and then seeks out (in a "reverse sting") people to steal from it, there's a huge ability to set defendants up for long sentences based upon a purported volume of drugs that never actually existed.I would nonetheless side with Judge Fisher's majority opinion. [read post]
23 Oct 2018, 2:43 pm
  The FBI has a long reach.And are pretty darn sophisticated. [read post]