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13 Jul 2007, 9:00 am
Superior Court Judge Ray Cunningham made his decision to throw out the case on learning that the prosecutors needed at least a year to retest "key fiber evidence. [read post]
10 Jul 2007, 4:32 am
Over at SCOTUSblog, Ben Winograd provides data on the Supreme Court's recent work in criminal cases in this interesting post, entitled "By the Numbers: Criminal Cases in OT06. [read post]
9 Jul 2007, 8:55 am
Cunningham was the only case in which they disagreed, with Roberts voting to strike down California's "determinate sentencing law" and Alito voting to uphold it. [read post]
6 Jul 2007, 4:29 am
We've already deplored the recent decision of the West Virginia Supreme Court rejecting the learned intermediary rule outright, State ex rel. [read post]
5 Jul 2007, 7:12 am
Zietlow, The Judicial Restraint of the Warren Court (and Why it Matters), Ohio State Law Journal, Volume 69, Issue 2. [read post]
3 Jul 2007, 10:20 pm
Other courts have found discount rates of 15.46% (Matter of Settlement Funding of NY (Cunningham), 195 2d 721) and 18.621% (In re: Settlement Capital Corp; 194 Misc 2d 711) to be unreasonable. [read post]
2 Jul 2007, 2:00 am
A case we've covered extensively -- some might say ad nauseum (and most recently here) -- is over.From IDG News Service via ComputerWorld, the report that Santa Clara (CA) County Superior Court Judge Ray Cunningham has dismissed charges against the three remaining criminal defendants in the Hewlett-Packard Co. spying case. [read post]
27 Jun 2007, 9:41 am
Zietlow, The Judicial Restraint of the Warren Court (and Why it Matters), Ohio State Law Journal, Volume 69, Issue 2. [read post]
22 Jun 2007, 10:09 am
That is because the Apprendi majority has continued -- both in this Term's decision in Cunningham v. [read post]
22 Jun 2007, 8:06 am
  But, as evidenced by rulings like Cunningham, Justice Breyer has limited ability to prevent â€â [read post]
22 Jun 2007, 5:57 am
This whole process is not a way to define punishments under the offense, rather the Manual is defining elements as the Supreme Court has repeatedly said, and most recently in Cunningham v. [read post]
19 Jun 2007, 9:40 am
And just this Term, the Supreme Court in Cunningham's footnote 14 explicitly rejected the contention that Sixth Amendment analysis should differentiate between offense and offender characteristics.How Did Almendarez-Torres Become A Sixth Amendment Case? [read post]
19 Jun 2007, 8:50 am
  The Sixth Amendment's impact: Given the Court's recent ruling in Cunningham and the affinity shown by Justices Stevens, Scalia and Thomas for the Sixth Amendment jury trial right, there likely will be at least one Rita opinion stressing the impact and import of the Sixth Amendment in post-Booker sentencing. 2. [read post]
14 Jun 2007, 6:00 am
Mills also said Gallion and Cunningham initially withheld another $27.7 million, which they turned over to their clients only after the Kentucky Bar Association began investigating the case, newly filed court records show. [read post]
14 Jun 2007, 6:00 am
Mills also said Gallion and Cunningham initially withheld another $27.7 million, which they turned over to their clients only after the Kentucky Bar Association began investigating the case, newly filed court records show. [read post]
14 Jun 2007, 6:00 am
Mills also said Gallion and Cunningham initially withheld another $27.7 million, which they turned over to their clients only after the Kentucky Bar Association began investigating the case, newly filed court records show. [read post]