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25 Jul 2012, 5:44 pm
Earlier this month, the Grand Chamber of the European Court of Human Rights handed down judgment in Mouvement Raelien Suisse v Switzerland (Application no.16354/06). [read post]
7 Oct 2015, 5:00 pm
The balance between access to justice vs. the goals of expediency, affordability and proportionality of the civil justice system were weighed in the case of Anjum et. al. v. [read post]
31 Dec 2024, 12:00 am
Fen Jiang (Ningbo University) & Hong Wu (NingboTech University) have posted The World’s First Case Involving a Generative Artificial Intelligence: Shanghai Xinchuanghua Cultural Development Co Ltd v AI Company (Pseudonym) (Queen Mary Journal of Intellectual Property, volume 14, issue 4, 2024) on SSRN. [read post]
10 Jan 2013, 12:54 am
The Court of Appeal therefore held the ‘other case’ evidence should only have been admitted for the limited purpose of demonstrating that the bookshop’s readership included people who were prepared to commit terrorist acts. [read post]
8 Jun 2020, 12:23 pm
As my kids would say, the defendant in this case really "Took the L" on appeal.He's convicted of possessing a tiny amount of marijuana in prison (.4 grams), and gets sentenced to a little under three years in prison as a result. [read post]
12 Nov 2019, 2:48 pm
Defendant was convicted of unlawfully taking a motor vehicle, but it's not your usual stolen car case. [read post]
21 Jun 2016, 12:46 pm
Some cases are extraordinarily hard. [read post]
4 Oct 2017, 10:44 am
Why watch soap operas when you can read real-life appellate cases instead? [read post]
27 Jun 2022, 12:50 pm
"The prosecution’s theory of the case was that defendant, accompanied by Tinajero, killed Sanchez in the early morning hours of March 7, 2002, by running him over with a car. [read post]
29 Jan 2020, 1:28 pm
I've talked about other cases (e.g., here and here) that raise this same issue. [read post]
22 Dec 2023, 12:25 pm
So if the warrant said, for example, "The police are hereby authorized and instructed to search the house," the police could only search . . . the house.But, today, the Court of Appeal holds that that's no longer the case. [read post]
18 Sep 2017, 12:33 pm
And maybe just give what might otherwise seem to be an easy reminder to trial courts when they're deciding whether or not to bounce a juror for cause.Because you'd think that a trial court would totally understand that it should definitely excuse a juror who says that she had the victim in an alleged rape case as a student of hers three years ago and has positive recollections of her. [read post]
9 May 2016, 2:07 pm
He would always say that, in Virginia, it counts as having a firearm "on your person" when it's in a backpack (or in a pocket) due to an old case that held that a firearm was "on your person" when it was in your saddlebag. [read post]
14 Sep 2020, 12:59 pm
But she submitted a declaration in the case, and was also interviewed by an investigator (and we have the transcript), so I presume her last name is known to the parties. [read post]
9 Mar 2020, 12:30 pm
Apparently not.This is also another one of those cases that (rightly) uses only the first name of the victim but (wrongly, I believe) omits the last name of the murder victim. [read post]
28 Aug 2014, 3:59 pm
Plus, it involves a fascinating issue -- whether it's relevant in a woman-on-girl molestation trial that the alleged perpetrator is a lesbian -- as well as a scintillating dynamic in this particular case of how the prosecutor used this information notwithstanding the trial judge's reluctance to/instructions about not letting it in.In short, read the whole thing. [read post]
4 Apr 2023, 4:13 pm
As a result, it was unclear from the record whether they'd discussed the case with outsiders, had talked to the lawyers, etc.Under such circumstances, yeah, you gotta reverse the subsequent jury's finding that the defendant had a prior felony. [read post]
10 Feb 2021, 2:19 pm
One reads -- as one might suspect -- a fair number of DUI cases in the Court of Appeal. [read post]
27 Feb 2024, 1:21 pm
The opinion in this case is about restitution, and seems right, but that's not what caught my eye. [read post]
22 Apr 2022, 8:42 am
The case gets remanded for a retrial on the other two deaths and on the death penalty, if the prosecution so elects.The murders occurred in 1982. [read post]