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16 Sep 2013, 4:19 pm by Stephen Bilkis
However, as the trial court properly observed, the defense counsel opened the door to this challenged testimony like in the cases of People v Torres, People v Martinez, People v Ocean and People v Koury. [read post]
3 Nov 2011, 3:02 pm by David M. McLain
§ 13-20-808 which have suggested that the statute does not apply retroactively, including Martinez v. [read post]
11 Dec 2009, 12:22 pm
Petersburg Times of Tampa Bay predicts that a ruling in favor of the state in Florida v. [read post]
19 May 2014, 7:45 pm by Maureen Johnston
Detrich 13-868Issue: (1) Whether the Ninth Circuit improperly held that Martinez v. [read post]
12 Jun 2014, 8:43 am by John Elwood
United States, 13-983, and Martinez v. [read post]
28 Oct 2014, 1:30 pm by Maureen Johnston
Hurles 14-191Issue: (1) Whether, under this Court's decision in Martinez v. [read post]
7 May 2014, 6:45 am by Maureen Johnston
Detrich 13-868Issue: (1) Whether the Ninth Circuit improperly held that Martinez v. [read post]
3 Jun 2022, 4:30 am by Eric Segall
Martinez Ramirez to allow Arizona to put to death two men who alleged ineffective assistance of counsel at both the trial and post-conviction stages of their journeys through the state court system. [read post]
19 Jan 2008, 11:58 am
§ 1983, and for malicious prosecution, defamation, and tortious interference with a prospective contract, pursuant to Ohio state law. [read post]
6 Apr 2012, 2:50 am by Andrew Lavoott Bluestone
"On a motion to dismiss for failure to state a cause of action pursuant to CPLR [*2]3211(a)(7), the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law[,] a motion for dismissal will fail'" (Kopelowitz & Co., Inc. v Mann, 83 AD3d 793, 796, quoting Guggenheimer v Ginzburg, 43 NY2d 268, 275; see Leon… [read post]
4 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87). [read post]
13 Dec 2017, 12:07 pm by Julie Rikelman
In other cases, such as Christian Legal Society v. [read post]