Search for: "People v. Burden"
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14 Jul 2021, 10:36 am
In Atkins v. [read post]
2 Dec 2016, 7:16 am
I don't know the details of Canadian law, but the case is reminiscent of the 1988 American case Lyng v. [read post]
11 Jul 2023, 11:43 am
Nine years after Bakke, McCleskey v. [read post]
19 Mar 2012, 12:06 pm
It’s time we clarify the law to ensure that other people like Jack Gross aren’t put in similar situations. [read post]
7 Feb 2014, 2:14 pm
At a hearing on a motion pursuant to CPL 440.10, the defendant has the burden of proving by a preponderance of the evidence every fact essential to support the motion in accordance with C.P.L. 440.30(6) and as was held in People v Tucker, involving a motion to vacate a judgment of conviction based on new evidence pursuant to C.P.L 440.10(1)(g) and People v Tankleff. [read post]
2 Aug 2021, 1:50 am
” But viability and the undue-burden standard are only Mr. [read post]
18 May 2022, 9:16 am
Ancestry Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. [read post]
15 Aug 2011, 6:39 am
" One is the burden of persuasion and the other is the burden of producing evidence. [read post]
15 Aug 2011, 6:39 am
" One is the burden of persuasion and the other is the burden of producing evidence. [read post]
10 Oct 2011, 8:58 am
In Stephans v. [read post]
28 Jan 2014, 3:36 pm
” As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
13 Sep 2018, 6:51 am
” Wesberry v. [read post]
21 Apr 2011, 12:13 pm
., LLC v. [read post]
7 May 2024, 6:57 pm
Boundaoui v. [read post]
29 Jan 2019, 1:00 am
In Murdock v Pennsylvania, 319 U.S. 105 (1943), the U.S. [read post]
4 Jun 2011, 9:44 am
In the years after the Court of Appeals decision in Stith three of the four Appellate Departments have issued rulings counter to the Stith holding, concluding that because it is the defendant's initial burden to establish standing, the People may raise defendant's lack of standing for the first time on appeal (see People v McCall, 51 AD3d 822, 822 [2d Dept 2008] lv denied 11 NY3d 856 [2008]; People v Hooper, 245 AD2d 1020, 1021 [4th… [read post]
20 Mar 2012, 4:30 am
Zhang v. [read post]
25 Nov 2010, 4:00 pm
See Beclar Corp. v. [read post]
31 May 2007, 1:15 pm
Or a violation of (or impermissible burden upon) the guy's right to represent himself? [read post]
31 Jan 2008, 9:44 pm
DC v. [read post]