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15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
28 Oct 2008, 7:59 pm
I am a bit shocked that it that following the decisions in Martinez v. [read post]
27 Oct 2008, 3:49 pm
Pruitt, No. 06-6002 Given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent, in determining whether to apply the career offender provision of the United States Sentencing Guidelines, a federal court must take into account the defendant's state criminal history (or lack thereof) at the time of his predicate North Carolina convictions. [read post]
22 Oct 2008, 5:51 pm
As we pointed out in our prior article, Nahman never mentioned the 4th Department's ruling from last spring in Martinez v. [read post]
8 Oct 2008, 8:01 am
Two recent cases show the discretion a trial court holds on whether to hold a formal Daubert hearing, in United States v. [read post]
7 Oct 2008, 1:50 am
Justice Richter's decision first relied on the ruling earlier this year by the New York Appellate Division, 4th Department, in Martinez v. [read post]
29 Sep 2008, 7:50 pm
Alexander, No. 071780 In a conviction for sale of controlled substance in or near school grounds, denial of writ of habeas corpus is affirmed over claims that the state courts unreasonably applied Batson v. [read post]
27 Sep 2008, 1:41 pm
Sep. 26, 2008)(per curiam) (condemnation appeal, State prevails)THE STATE OF TEXAS v. [read post]