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14 Dec 2023, 9:30 pm
In our spring/summer issue, San Francisco attorney and historian John Briscoe detailed what he regards as the ample evidence of Hastings involvement in these massacres and appropriation. [read post]
30 Sep 2023, 10:45 am
" The two are not close to equivalent; for a full elaboration of this argument, see my brief for the petitioners in Briscoe v. [read post]
8 Sep 2023, 8:45 am
However, it is important to note that, as indicated in R v Briscoe, 2008 ABCA 327, wilful blindness “serves to override attempts to self-immunize against criminal liability by deliberately refusing to acquire actual knowledge” and the courts are indicating that the accused should have known something. [read post]
31 Jul 2023, 4:47 pm
In the court below (6 F4th 1160 (10th Cir, 2021)), the majority of the Court of Appeals for the Tenth Circuit (Briscoe J, Murphy J concurring; Tymkovich CJ dissenting) held that, although the appellant’s First Amendment rights were engaged, the State satisfied strict scrutiny: Colorado had a compelling interest in ensuring equal access to publicly available goods and services, and no option short of coercing speech could satisfy that interest. [read post]
16 Feb 2023, 6:12 am
Court of Appeals for the 10th Circuit Senior Judge Mary Beck Briscoe noted] Further exploration of Jackson’s conflict is unnecessary, she added, because Kane acknowledged the conflict existed and still detected no effect on Jackson’s decision-making. [read post]
21 Nov 2022, 3:00 am
Briscoe, 317 F.3d 906 (8th 2003). [read post]
13 Oct 2022, 9:18 am
Different types of possession can include: Personal possession (section 4(3)(a)) Establishing personal possession includes establishing the accused had both control and knowledge of the thing (R v Morelli, 2010 SCC 8 (CanLII), [2010] 1 SCR 253) In the context of an electronic file, the accused must knowingly acquire the file (R v Morelli, 2010 SCC 8 (CanLII), [2010] 1 SCR 253) The requirement of knowledge encompasses three elements: the accused must be aware that he or she had physical custody of… [read post]
30 Sep 2022, 5:28 pm
[My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity. [read post]
16 Aug 2022, 9:05 pm
REFERENCES Briscoe, F., Murphy, C. 2012 “Sleight of hand? [read post]
17 Dec 2021, 2:16 pm
From O'Connell v Tuggle, decided yesterday by the Tenth Circuit (Judge Robert Bacharach, joined by Judge Allison Eid): This appeal stems from notes that a social worker made after interviewing a woman suspected of child abuse. [read post]
8 Oct 2021, 5:59 am
.), Joel David Briscoe (former Informals Hon. [read post]
16 Aug 2021, 2:06 pm
But I'm inclined to say that a court will probably say "If you wanted to challenge the injunction, you should have appealed it, rather than violating it. [read post]
9 Jun 2021, 6:04 am
We provisionally sealed the entire appeal. [read post]
12 Aug 2020, 9:53 am
KUT had the best coverage so far, along with The Appeal. [read post]
22 Jul 2020, 12:25 pm
Kevin Briscoe (Mississippi Band of Choctaw Indians), Chief Justice and… [read post]
8 May 2020, 8:10 am
The employee appealed. [read post]
18 Mar 2020, 3:46 pm
As evidenced by the fight between Williams MLP Operating and EXCO Operating over EXCO’s flaring of Eagle Ford wells on the Briscoe Ranch, now pending on appeal in the 345th District Court of Travis County, flaring continues to be an issue in Texas. [read post]
25 Nov 2019, 2:31 am
MFGPC, November 7, 2019, Briscoe, M.). [read post]
19 Sep 2019, 5:58 am
Appeals to emotion are understandable. [read post]
18 Mar 2019, 8:03 am
Judge Briscoe filed a dissenting opinion. [read post]
