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24 Aug 2018, 7:09 am
Further, § 3582(c)(2) does not throw open the door to permit a full resentencing. [read post]
28 Jun 2017, 4:00 am
Elementary School [Defendant] and sought partial summary judgment as to liability against Defendant on the ground Defendant had destroyed and replaced the stairs after Burke had notified Defendants of her intent to have her expert inspect the stairs, contending that such destruction and replacement of the stairs in question constituted "spoliation of evidence". [read post]
18 Mar 2024, 5:08 am
” In contrast, the defendant contends that the phrase ‘does not have A, B, and C’ sets out a single, amalgamated condition for relief, [which] a defendant … fails … only when he has all three of A, B, and C. [read post]
4 Jun 2013, 11:33 am
The court does not agree. [read post]
19 Jan 2010, 6:00 am
Taking Myrick’s testimony as true, she does not meet the 50% threshold. [read post]
16 Nov 2006, 7:13 am
Nov. 14, 2006) (Cabranes, Sotomayor, Raggi): This opinion does not break new legal ground, but is nonetheless of interest in highlighting the disparate treatment of defendants who can afford retained counsel and defendants who cannot. [read post]
This would be in tune with the spirit of the recent federal and state domestic violence legislation.
30 Sep 2013, 10:54 am
The defendant is charged in a fifteen count indictment with the crimes of Criminal Contempt in the First Degree (3 counts), Criminal Contempt in the Second Degree (2 counts), Harassment in the Second Degree (2 counts), Assault in the Third Degree (2 counts), Menacing in the Second Degree, Criminal Mischief in the Fourth Degree (2 counts), Assault in the Second Degree, and Aggravated Criminal Contempt (2 counts). [read post]
27 May 2008, 11:39 pm
How does that sentence differ from "Did the defendant commit the crime? [read post]
9 Jan 2020, 7:08 am
Malwarebytes defended on 47 USC 230(c)(2)(B), which provides a safe harbor for filtering software. [read post]
11 Feb 2018, 1:48 pm
Id. at *2. [read post]
16 Dec 2008, 2:19 pm
The Illinois First District Appellate Court has held that to state a cause of action for fraud, a plaintiff must prove the following elements: (1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce the plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages resulting from reliance on the statement. [read post]
31 Oct 2016, 11:00 pm
The court vacated the district court's grant of defendants' motion to compel arbitration and dismissed the complaint. [read post]
16 Nov 2016, 5:10 pm
Well, Beds' does it like this today: "We embark here upon an admittedly lengthy voyage – slow going because we must proceed carefully in largely uncharted waters. [read post]
15 Oct 2013, 4:35 pm
For instance, California does not allow a citizen to openly carry a loaded firearm in public (http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/2/s12031)! [read post]
4 Mar 2021, 1:00 pm
The district court concluded that New York first-degree manslaughter does not categorically involve the “use” of violent physical force, as required by §§ 924(e)(2)(B)(i) and 4B1.2(a)(1), because under New York …The post En Banc Second Circuit: New York First-Degree Manslaughter Is An ACCA/Guidelines Crime Of Violence. appeared first on Federal Defenders of New York Blog. [read post]
22 Feb 2021, 8:18 am
[and] does not depend upon the actor’s state of mind. [read post]
7 Aug 2018, 9:24 pm
”; “What kind of criminal arrest history does the defendant have? [read post]
5 Jul 2013, 7:13 am
Contractor conveyed two parcels to Defendant 2 to settle the claim, and the Court approved a stipulated order granting Defendant 2 a judgment equal to the outstanding balance owed to Plaintiffs, pending Contractor’s remaining payments to Plaintiffs. [read post]
6 Jul 2010, 10:44 am
What test does the court employ in resolving that motion? [read post]
