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SJC Reverses First Degree Murder Conviction on Jurisdictional Grounds

31 Aug 2018, 8:24 am by Daniel Cappetta

The Supreme Judicial Court reversed the defendant’s convictions of first-degree murder and a related offense in Commonwealth v. [read post]

Massachusetts Criminal Lawyer Blog - http://www.massachusettscriminallawyer-blog.com/

Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

12 Jul 2012, 10:04 pm by DaytonDUI

In State v. [read post]

Ohio DUI/OVI Blog - http://www.daytondui.com/blog/

Findings without reference to the supporting evidence are insufficient to permit review by the appellate court and a disservice to the litigants, who are left to speculate about the basis for the discretionary decision

13 Feb 2012, 9:00 am by PaulKostro

V. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements

1 Dec 2009, 2:12 pm

Div., A-3184-08T1, December 1, 2009: As stated in Massar v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A person commits a crime if he knowingly or purposely accesses computerized data without authorization or in excess of authorization; or if he so accesses data and then knowingly or recklessly discloses it

9 Feb 2010, 10:21 am by PaulKostro

State of N.J. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts

21 Apr 2010, 9:29 am by PaulKostro

State, 184 N.J. 187, 205-06 (2005); see also Glick v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A legal permanent resident who becomes an ‘aggravated felon’ may be deported from the US

27 Jul 2009, 10:40 am

Law Lessons from State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A fact finder is never bound to accept the testimony of expert witnesses, even if it is unrebutted by any other evidence

6 Jan 2012, 9:01 am by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the

28 Oct 2009, 10:21 am

See, e.g., State Troopers Fraternal Ass’n of N.J., Inc. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks

13 May 2010, 1:06 pm by PaulKostro

” State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct

19 Jul 2010, 3:26 pm by PaulKostro

[State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The trial court has discretion to determine if expert testimony is admissible

12 Aug 2010, 8:22 am by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Excusable neglect under Rule 4:50-1 has been defined as carelessness attributable to an honest mistake that is compatible with due diligence or reasonable prudence

27 Apr 2010, 8:33 am by PaulKostro

Eaton v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Massachusetts ruling opens door to discrimination suits over medical marijuana

18 Jul 2017, 8:19 am by Massachusetts Employment Law Letter

On July 17, the state high court ruled in Barbuto v. [read post]

Human Resources News - http://blogs.hrhero.com/hrnews/

Narrow Injunction Issued Against Graphic Arts Sales Manager (Oldham Graphic Supply v. Cornwell)

23 Sep 2009, 9:26 am

--Court: United States District Court for the District of KansasOpinion Date: 9/17/09Cite: Oldham Graphic Supply, Inc. v. [read post]

Legal Developments In Non-Competition Agreements - http://www.non-competes.com/

Hearsay statements made in good faith for purposes of medical diagnosis or treatment

13 Dec 2011, 7:13 am by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Breach of Contract

14 Mar 2010, 6:00 am by PaulKostro

V. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Expert Opinion . . . Fail

10 Aug 2011, 4:55 am by Susan Brenner

Clements-Jeffrey v. [read post]

CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/

The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain

18 Dec 2009, 9:22 am by PaulKostro