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25 Feb 2021, 2:20 pm
  Given the facts here, I'm inclined to think that reversing the conviction here might go a bit overboard. [read post]
20 Aug 2013, 12:35 pm
 Even more so given that the overwhelming majority of criminal cases end with plea bargains.The California Supreme Court decides the issue. [read post]
22 Jan 2018, 8:48 am by Kenneth Hall
Wesby [SCOTUSblog materials] that DC police officers acted reasonably when they arrested 21 people for unlawful entry during a house party in 2008, given that the owner was not present and it was unclear if the guests had been given permission to enter the house. [read post]
13 Dec 2010, 10:46 pm by Tun-Jen Chiang
  Given the stakes, it is only a matter of time before this issue returns. [read post]
26 Apr 2010, 12:00 pm
For which I might also have given him even more than six years.But I also agree that his conviction should be reversed. [read post]
6 Nov 2009, 9:43 am
The G-tube was found in Allen's abdominal cavity, and the cavity was filled with all of the formula and water that he had been given in the 12 hours before death. [read post]
26 Aug 2009, 10:10 am
Would your analysis be altered given the classic exposition of the Ex Post Facto Clause in Calder v. [read post]
12 May 2009, 12:41 pm
" Seems like I'm guilty of pandering in that situation as well given Justice Kriegler's holding in this case, which concludes that even trying (as here) to convince an existing prostitute counts as pandering; e.g., as precedent reflects, that a "substantial potential for social harm is revealed even by the act of encouraging an established prostitute to alter her business relations.This may be another one of those areas where we deliberately pass statutes that are… [read post]
3 May 2019, 1:25 pm
When you're reviewing a conviction for sufficiency of the evidence, the deference given to the factual findings below is fairly significant. [read post]
16 Jun 2021, 2:57 pm
  Justice Benke files a "concurring and dissenting" opinion saying that there was a reasonable basis for the stop given the underlying suspicious circumstances. [read post]
13 Aug 2012, 12:12 pm
"  You can understand the basic message, but given the different syntax and words used -- presumably because language doesn't often perfectly translate from Spanish to English -- the statements sometimes seem confused.It's quite possible to me that that's what transpired here. [read post]
26 Mar 2019, 11:20 am
  That's generally sufficient -- on a critical issue like factual innocence, anyway -- to warrant a reversal.Mind you, given the evidence, I'm fairly certain that the defendant will again be convicted at the retrial. [read post]
28 Feb 2017, 12:54 pm
(Cites)Appellants’ neglect is particularly burdensome, given that they submitted 380pages of initial briefing (114-page opening brief plus 266 pages of addenda of purported facts and objections). [read post]
20 Aug 2021, 12:54 pm
  Given all the facts contained in the 113-page opinion, I can see why it took the jury around a week to deliberate; it's super hard to find him guilty beyond a reasonable doubt.But find him guilty they did. [read post]
10 Aug 2020, 4:21 pm
  That's somewhat surprising given that it was initially unpublished. [read post]
25 May 2018, 3:41 pm
  As the Court of Appeal recites the facts:"The deputy escorted defendant to the booking area, where inmates change out of their civilian clothes and are given jail clothing after a visual strip search. [read post]