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24 May 2024, 7:49 am
A grant in this case would make next term very interesting indeed. [read post]
19 Apr 2017, 1:26 pm
At the same time, though, the criminal denaturalization statute also requires the government to meet a higher standard than is imposed under the civil statute: It must bring the charges within 10 years of the false statement, prove its case to the jury “beyond a reasonable doubt,” and provide the defendant with due process. [read post]
9 Dec 2011, 6:07 am
A principal virtue of Crawford is that it recognizes that the confrontation right, just like the right to counsel and the right to jury, is a basic procedural right that we adhere to as a uniform matter; we do not decide case by case whether it is worthwhile in the particular circumstances. [read post]
28 May 2013, 9:01 pm
In noting this civil/criminal distinction, it may be instructive to observe that not all criminal prosecutions are on an equal footing on this score. [read post]
17 Dec 2021, 12:30 pm
The jury instructions were fine. [read post]
14 Dec 2006, 8:26 am
* * * MEDICAL EXPERT: I said it was milder than some, as you may recall, but that she had a moderately severe dementia syndrome. * * * [MEDICAL MALPRACTICE LAWYER FOR PLAINTIFF]: Now, the case before that, that you testified in court, was a criminal case, right? [read post]
14 Dec 2006, 8:26 am
* * * MEDICAL EXPERT: I said it was milder than some, as you may recall, but that she had a moderately severe dementia syndrome. * * * [MEDICAL MALPRACTICE LAWYER FOR PLAINTIFF]: Now, the case before that, that you testified in court, was a criminal case, right? [read post]
20 Dec 2021, 7:46 am
” However, it is important to note that the only U.S. published court case interpreting the Tokyo Convention applied an objective negligence standard of reasonableness instead of the more deferential and subjective “arbitrary and capricious standard” that governs claims for domestic flights under U.S. federal regulations. [read post]
17 Jan 2018, 8:51 am
Court of Appeals for the District of Columbia Circuit’s judgment and instruct that court to remand [read post]
25 Jun 2008, 11:41 pm
In this case, the jury found both Exxon and Captain Hazelwood to have acted recklessly, not maliciously. [read post]
16 May 2008, 9:41 am
" NFP criminal opinions today (11): Joshua D. [read post]
31 Mar 2008, 3:55 pm
" Watch for Nacchio's lawyers to seize on this argument when fighting over jury instructions on remand. [read post]
21 Sep 2017, 12:59 pm
It shows that Garrison's counsel `gave an opening statement; examined and cross-examined witnesses’ extensively, including the police officers who testified about IP addresses, as discussed below; `preserved objections to evidence; gave significant input on jury instructions; and presented a lengthy closing argument. [read post]
14 Jun 2015, 2:00 pm
Cases like Commodity Futures Trading Commission v. [read post]
11 Feb 2020, 5:00 am
For example, materials properly subject to claims of Executive privilege may be disclosed to Congress in cases involving Senatorial confirmation of Presidential nominations or in impeachment proceedings. [read post]
17 May 2017, 11:02 am
§ 922(g)(1), based on their as-applied Second Amendment claim that their criminal offenses and other particular circumstances do not warrant a firearms disqualification. [read post]
31 Oct 2016, 5:50 am
The DA's office filed criminal charges against defendants in January 2013. . . . [read post]
29 Jul 2011, 7:00 am
Make sure you understand the expectations, standards and time commitment required before you join. [read post]
22 May 2017, 7:39 pm
Those cases are listed below: Giles v. [read post]
4 Jan 2011, 10:59 am
., which may have already empanelled a grand jury in Virginia, prosecute him as a criminal under the Espionage Act of 1917 or under the computer fraud and abuse act? [read post]