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28 Aug 2014, 9:15 am
 Nor should the prevailing procedure necessarily be the one that's the "least common denominator" or the one adopted either internally (by you) or by an external organization (e.g., an appellate defender's officer) in light of the conflicting holdings of the Court of Appeal. [read post]
30 May 2024, 1:52 pm
There's got to be proximate cause -- something for which, unfortunately, there is no set bright line rule, but that's why we have incredibly bright and sophisticated judges, as well as the resulting common law.And, here, a murder charge is simply a bridge too far. [read post]
28 Feb 2022, 12:56 pm
  It's less common to see them in the Court of Appeal, where (as here) the defendant "merely" receives a life sentence (albeit LWOP).But Justice Stewart's opinion indeed tops out at 70+ pages here.Michael Phillips murdered a 75-year old man who was already dying of late-stage lung cancer. [read post]
4 Mar 2020, 1:57 pm
  And since it doesn't get you much these days to have a scrip, we shouldn't expect people to have it in any event. [read post]
4 Mar 2022, 10:07 am by Tom Smith
These are the same people who scoff at the idea that a lot of conservatives don’t see the 2020 election as legitimate. [read post]
19 Dec 2009, 7:47 am by Mark S. Humphreys
The other kind of law, which most people are not aware of, is called the "common law". [read post]
2 May 2009, 9:54 am
Only the Court's pompous official culture could explain why the Justices in the majority of Bush v. [read post]
16 Dec 2011, 3:05 pm by William Baude, guest-blogging
You might ask, wasn’t federal common law forbidden by the Court’s decision in Erie v. [read post]
19 Jun 2013, 10:33 am by Siobhan Hayes
It did not matter that a wider pool of people used the land than originally anticipated when allocated for recreational use. [read post]
21 Apr 2016, 1:00 pm
 By contrast, it's the type of equitable, common sense, and undeniably fair opinion that people like me love.Competing styles, to be sure.But I think it's awesome. [read post]