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13 Jun 2010, 1:41 pm by Anthony J. Vecchio
Defendant did not argue in the trial court, and does not argue on appeal, that he is entitled to have the 212 days of gap-time credit applied against the base term on his sentence on count one; nor that he did not receive 635 days of jail credit against the sentences imposed on the Morris County convictions. [read post]
10 Jun 2010, 9:35 am by Lawrence B. Ebert
Bottom line: We therefore dismiss Officer Morris’s appeal for lack of jurisdiction. [read post]
21 May 2010, 2:59 pm by PaulKostro
Div. 2010), A-1822-08, May 21, 2010: “The Frivolous Litigation Act [N.J.S.A. 2A:15-59.1] does not apply to a frivolous appeal. [read post]
13 May 2010, 1:19 pm by PaulKostro
The decision on whether a judge should recuse himself from hearing a matter lies within the sound discretion of that judge, and the judge’s decision should not be reversed on appeal absent an abuse thereof. [read post]
12 May 2010, 9:17 am by PaulKostro
., Cal: Court of Appeals, 2nd Appellate Dist., Div. 4 2010, B209780, January 28, 2010: Whether characterized as an arbitration, a mediation, or as some other form of alternative dispute resolution, if the undisputed facts demonstrate that an ADR Professional recused himself or withdrew from providing a binding resolution based on a doubt whether he or she could be fair and impartial, that act would be integral to the ADR Professional’s quasi-judicial function and would therefore be… [read post]
10 May 2010, 9:58 pm by Simon Gibbs
The matter is now headed off to the Court of Appeal. [read post]
10 May 2010, 12:18 pm by Sonya Hubbard
Based on the 10-Q that Philip Morris International, Inc. [read post]
9 May 2010, 9:14 pm by cdw
We therefore reverse the judgment of the Court of Criminal Appeals and remand this case for that court, in turn, to remand it to the trial court for an evidentiary hearing on the merits of Harrison’s juror-misconduct claims and a determination as to whether Harrison is entitled to a new trial. [read post]
9 May 2010, 2:59 pm by Tamara Piety
I mentioned last week that there were more interesting arguments raised in connection with the cert. petition in the Philip Morris case which bear on on my claim that Citizens United will be used to bolster arguments for more protection for commercial speech. [read post]
8 May 2010, 4:39 pm
See In re Morris, 127 F.3d 1048, 1055 (Fed. [read post]
7 May 2010, 11:11 am
See In re Morris, 127 F.3d 1048, 1055 (Fed. [read post]
6 May 2010, 9:43 am
The Food, Drug, and Cosmetic Act (“FDCA”) was enacted in 1938 to regulate, among other things, the drug and medical device industry in order to ensure the safe and effective design, manufacture, sale and labeling of such products. [read post]