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28 Dec 2013, 2:37 pm by Miriam Baer
As I ready myself for teaching a new semester of Criminal Procedure I (often known as the "investigation" course, as opposed to the Crim Pro II "adjudication" course, which ostensibly covers everything from "bail to jail"), I cannot help but think how much the course -- and my syllabus - has changed in the last year or so, and how much it is likely to change over the next 24 months. [read post]
23 Dec 2013, 7:42 am by Jon Sands
A jury can be waived under Fed R Crim P 23, but it requires waiver in writing, government consent, court approval, and, under case law, that the waiver be knowing and intelligent. [read post]
22 Dec 2013, 10:12 am by Giles Peaker
R v Unah [2011] EWCA Crim 1837 [2012] 1 WLR 505 and R v Y(A) [2010] EWCA Crim 762 [2010] 1 WLR 2644The Magistrates did not appear to have approached the question of whether there was a reasonable basis for Ms G’s belief:They do not set out the facts which say what the reasonable basis for that belief was and there were a number of factors which they would have required to address, including the structure of the Tribunal’s decision, flat by flat, including the structure… [read post]
22 Dec 2013, 10:12 am by Giles Peaker
R v Unah [2011] EWCA Crim 1837 [2012] 1 WLR 505 and R v Y(A) [2010] EWCA Crim 762 [2010] 1 WLR 2644The Magistrates did not appear to have approached the question of whether there was a reasonable basis for Ms G’s belief:They do not set out the facts which say what the reasonable basis for that belief was and there were a number of factors which they would have required to address, including the structure of the Tribunal’s decision, flat by flat, including the structure… [read post]
19 Dec 2013, 6:43 pm by Brian Shiffrin
byJill Paperno, Second Assistant Monroe County Public Defender      Article 190 of the Criminal Procedure Law sets forth the rules relating to grand jury presentations. [read post]
26 Nov 2013, 2:56 am
Jakubowski, 2013KN044821, NYLJ 1202627740970 (Crim., KI, Decided November, 12, 2013) where the issue was not necessarily what caused the violation of the order of protection, but what constituted a defendant's knowledge of its existence in order to determine whether a violation occurred. [read post]
22 Nov 2013, 3:44 am by Embajador Microjuris al Día
No obstante, los contribuyentes que estén acogidos a algún plan de pagos con el CRIM al momento de entrar en vigor la Ley podrán renegociar el balance pendiente de dicho plan de pago con el Director Ejecutivo del CRIM bajo los términos y condiciones establecidos en el plan de incentivos.Archivado en: NOTICIAS, Noticias plus [read post]
17 Nov 2013, 10:32 am
Ramirez, 2013NY046507, NYLJ 1202624767720 (Crim., NY, Decided September 27, 2013), a separately-charged individual sold marihuana to an undercover officer and then, according to another police officer, that individual handed money to the defendant as "part of the above-mentioned transaction." [read post]
7 Nov 2013, 2:34 pm by Daniel Richardson
 His last claim is that he should have been given “credit” toward his sentence for time he was on what we in the crim–biz call “conditions of release. [read post]
7 Nov 2013, 9:36 am by Shawn Nevers
 We currently have the following sets of flash cards: Civil Procedure (parts 1 & 2), Con Law (parts 1 & 2), Contracts, Corporations, Criminal Law, Crim. [read post]
7 Nov 2013, 12:31 am by Orin Kerr
(Orin Kerr) A lot of folks in the blogosphere have been writing about this story on Eckert v. [read post]