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MSC upholds law permitting propensity evidence against sex offense defendants in cases involving minors, trumps MRE 404(b)

9 Jun 2012, 1:17 pm by Sarah Riley Howard

The Court held, in Justice Zahra’s majority opinion, that this statute trumps MRE 404(b), which would otherwise prohibit such evidence. [read post]

One Court of Justice - http://www.ocjblog.com

The District Court Must Allow the Defense to Weigh In Before Ruling on a 35(b) Sentencing Reduction

26 Jan 2021, 2:17 pm by Claire R. Cahoon

Of note, the Sixth Circuit denied the defense's request to have the case assigned to a new judge on remand, concluding that no bias had been shown.Judge Batchelder wrote a short dissenting opinion explaining that it was not a violation of Rule 35(b) for the district court to make a sentencing determination before the defense had an opportunity to respond. [read post]

Sixth Circuit Blog - http://circuit6.blogspot.com/

Sperm Donors Need To Cross Their Ts And Dot Their Is, Or End Up Like This Guy | Above the Law

27 Aug 2020, 8:23 am by Tom Smith

In the Matter of Claudia B. v Darren M., the New York appellate Court recounts how the Petitioner (donor) and Respondent (Claudia B.) dated for a few months in 2009. [read post]

The Right Coast - http://rightcoast.typepad.com/rightcoast/

Princeton Ophthalmic, LLC, v. Corinthian Ophthalmic, Inc.: Motions for Summary Judgment Denied Due to Conflicting Testimony of Material Facts

8 Jan 2018, 12:00 am by David Hartley

In Princeton Ophthalmic, LLC v. [read post]

The Race to the Bottom - https://www.theracetothebottom.org/blog/

Jurors Testifying About Deliberations (US v. Benally)

16 Nov 2008, 4:37 pm by Thaddeus Hoffmeister

US v. [read post]

Juries - http://juries.blogspot.com/

Claiming exempt volunteer firefighter status for the purposes of Civil Service Law §75.1(b)

17 Aug 2018, 6:05 am by Public Employment Law Press

Notice of the fact that the individual is an exempt volunteer firefighter must be given to the employer prior to the individual's effective date of termination [see Badman v Falk, 4AD2d 149]. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Prior state conviction for drug possession is not "aggravated felony" for sentencing purposes for illegal reentry to U.S.

10 Jan 2007, 10:03 am

§ § 1326(a) and (b)(2).HELD: In light of Supreme Court's holding in Lopez v. [read post]

Direct Appeal - http://directappeal2.blogspot.com/

Dormant Commerce Clause v. Twenty-first Amendment

11 Sep 2006, 12:39 pm

Today the Fourth Circuit Court of Appeals decided a wine-shipping case in Brooks v. [read post]

Meeting the Sin Laws - http://www.meetingthesinlaws.com

Waldburger v. CTS Corporation

11 Jul 2013, 1:27 pm by WIMS

Concluding that North Carolina's ten-year limitation on the accrual of real property claims barred the suit, the district court granted CTS's Rule 12(b)(6) motion to dismiss. [read post]

Environmental - Appeals Court - http://environmentalappealscourt.blogspot.com/

Ind. Decisions - Supreme Court decides contracts dispute

4 Dec 2007, 9:58 am

Liggett, d/b/a Liggett Construction Co. v. [read post]

The Indiana Law Blog - http://indianalawblog.com/

Class Action Defense Cases–Somers v. Apple: California Federal Court Denies Class Action Certification Of Rule 23(b)(3) Class In Indirect Purchaser Antitrust Class Action But Reserves Ruling On Class Action Treatment Under Rule 23(b)(2)

19 Oct 2009, 8:57 pm

Somers v. [read post]

Class Action Defense Blog - https://www.reallaw.us/posts/

Does NetChoice v Bonta Mean Curtains for KOSA?

26 Aug 2024, 11:21 am by Ben Sperry

(b) LIMITATION. [read post]