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25 Jul 2014, 6:41 am by Evidence ProfBlogger
The Court of Appeals of New York addressed but did not resolve an interesting Best Evidence Rule issue in its recent opinion in People v. [read post]
4 Mar 2019, 8:00 pm by DONALD SCARINCI
Court’s Decision in Shaw v Reno The Supreme Court reversed by a vote of 5-4, concluding that the appellants had stated a claim under the Equal Protection Clause. [read post]
15 Aug 2016, 11:58 am
 That in part explains the 5-2 vote.It's definitely not that the California Supreme Court is about to start vacating every single death sentence. [read post]
8 Nov 2021, 2:17 pm
Given the various admonitions and other curative efforts here, the Court of Appeal holds that there was no prejudice in not ordering a mistrial.Still:  Freaky, eh? [read post]
16 Jan 2015, 9:30 am
 The California Attorney General confessed error, and the Court of Appeal reverses.Presumably making this guy (among others) incredibly happy:P.S. -  The name of the defendant in this case is Sean Patrick M. [read post]
26 Oct 2018, 12:44 pm
  Not merely argument of counsel.You'd think that the proposition that "you need to introduce evidence at court hearings" would be a pretty basic one. [read post]
30 Aug 2016, 11:07 am
 The California Court of Appeal understandably concludes that his subsequent conviction for attempted murder does not automatically disqualify him for relief under Prop. 36.But Mr. [read post]
24 Aug 2023, 12:37 pm
Three years ago, when the Court of Appeal struck down Section 1814 of the Insurance Code, which prohibits bail companies from paying inmates from referring potential customers, as an unconstitutional infringement of free speech, I was skeptical, saying (among other things):Letting bail agents make "arrangements" with inmates to refer clients to 'em clearly, in my view, distorts the marketplace, and punishing such conduct will lead to a marketplace more closely (albeit… [read post]
4 Jan 2021, 9:48 am
Everyone's fairly used to seeing convictions for murder, manslaughter and the like in the Court of Appeal. [read post]
22 May 2023, 11:49 am
The California Constitution says very clearly that criminal defendants have the right to be "personally present" in court. [read post]
US Supreme Court Justices Samuel Alito and Clarence Thomas wrote a six-page concurring opinion for the Supreme Court’s denial of certiorari Monday in Seattle’s Union Gospel Mission v. [read post]
On Monday, June 3rd, the Court kicked off the month by ruling on two cases, one of which – Maryland v. [read post]
18 Apr 2007, 3:30 pm
From those discussions, we cannot immediately discern the court's reason for adding 13 cents, but we accept that addition because the court incorporated it into its final order. [read post]