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16 Sep 2016, 5:34 am
But when the district court imposes a gross-misdemeanor sentence on a felony offense, the law deems the conviction a gross misdemeanor. [read post]
1 Apr 2015, 11:06 am by Stephen Bilkis
After conferring with both sides, the Court decided to give the entire jury a specific charge on special knowledge or experience of a juror adapting a charge addressed to juror expertise, see People v. [read post]
30 Jun 2015, 2:57 am by Rebecca Tushnet
”  Defendants argued that the studies only looked at people with arthritis, not people who only experience joint pain and stiffness, but the court had to take as true the complaint’s allegation that experts in the field deemed such studies to be appropriate proxies for non-arthritic people as well. [read post]
3 Sep 2014, 2:45 pm by Stephen Bilkis
The court concludes that the signed and sworn supporting affidavit of the burglary victim constituted reliable hearsay and/or a relevant statement of any victim under Correction Law § 168-n [3], and that the court was entitled to consider and rely on such evidence as clear and convincing proof that defendant is a level three risk as ruled in People v Saleemi, People v Victor, People v Jimenez and People v Salaam. [read post]
20 May 2010, 3:30 am by Russ Bensing
  Oral argument in another case last week, State v. [read post]
4 Sep 2012, 10:07 am by Eric
One of the principals of Wave 59, named Beann, emailed several people directing them (presumably through a link) to Biddinger’s posting. [read post]
25 Jul 2020, 3:44 pm by Andrew Koppelman
Smith for their insightful critiques of my book, Gay Rights v. [read post]
3 Feb 2024, 8:34 am by Russell Knight
In Illinois, a prenuptial agreement, also known as a premarital contract, is a contract between two soon-to-be-married people. [read post]
11 Nov 2009, 1:07 pm
And: Four years ago, the Supreme Court faced a similar situation in Roper v. [read post]
1 Oct 2010, 5:25 am by Maxwell Kennerly
For example, just because several products or services are being sold in a manner that demonstrates collusion among the suppliers doesn't make it "plausible" there is such collusion, said the Supreme Court in Twombly v. [read post]
14 Aug 2015, 8:42 am by JB
Constructions can and do change over time without Article V amendment. [read post]
8 Feb 2014, 4:49 pm by Rebecca Tushnet
  Not accidental which depictions get deemed raw v. cooked, though not entirely determinative. [read post]