Search for: "In re Reed (1983)"
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1 Jun 2023, 6:00 am
Reed re- quested DNA testing on certain evidence, including the belt used to strangle Stites, which Reed contended would help identify the true perpetrator. [read post]
19 Apr 2023, 6:13 pm
Then Reed repackaged his cert petition as a Section 1983 motion in federal district court. [read post]
19 Apr 2023, 5:00 am
§1983 action for further proceedings on the merits. [read post]
16 Mar 2023, 5:00 pm
(quoting Edenwald Contracting Co. v City of New York, 60 NY2d 957, 959 (1983)) [read post]
17 Sep 2022, 8:19 am
You're in a movie theater. [read post]
16 Aug 2022, 10:50 am
Cir. 1983). [read post]
28 May 2022, 2:25 pm
The Supreme Court has re-affirmed this common law framework in the Warren case and its progeny like Castle Rock, etc. [read post]
4 May 2022, 8:20 am
As a panel, we're duty-bound to follow precedent. [read post]
2 Mar 2022, 11:32 am
This week, there are no new relists, and but for two-time relist Reed v. [read post]
1 Nov 2021, 11:14 am
Okla. 1983), held that the "Miss Gay America Pageant"—a slightly misleading title for a cross-dressing pageant, in which men (whether or not gay) competed in female impersonation, id. [read post]
4 Jan 2021, 4:30 am
As one court explained, “Clear and convincing evidence is a higher, more demanding standard than the preponderance [of the evidence] standard” that typically applies in civil cases, requiring “evidence that is neither equivocal nor open to opposing presumptions” (In re Duane II, 151 AD3d 1129 [3d Dept 2017]). [read post]
21 Feb 2019, 4:00 am
”[71] Justice Arbour noted that, in explaining the standard to a jury, it might be preferable to re-word the standard of causation using positive terms, for example, a phrase such as a “‘significant contributing cause’ rather than using expressions phrased in the negative such as ‘not a trivial cause’ or ‘not insignificant’. [read post]
2 Jan 2019, 2:55 pm
See In re D.W.G., 391 S.W.3d 154, 164 (Te [read post]
18 Jan 2018, 10:20 am
Council, 724 F.2d 658, 661 (8th Cir. 1983) ("the protection of the First Amendment extends to proceedings for contempt"); In re Motion for Civil Contempt by John Doe, 2016 WL 3460368, at *3 (E.D.N.Y. [read post]
11 Jul 2017, 7:42 am
Reed, 89 B.R. 100 (CD Cal. 1988); Rund v. [read post]
9 Jun 2017, 2:16 pm
Headley, 6 Ohio St.3d 475, 478-79, 453 N.E.2d 716 (1983), the Ohio Supreme Court explained that this provision`guarantees the accused that the essential facts constituting the offense for which he is tried will be found in the indictment of the grand jury. [read post]
2 Mar 2017, 11:33 am
Id.; See also In re Reed, 11 B.R. 755 (Bankr. [read post]
6 May 2016, 12:30 pm
This post is from the non-Reed Smith side of the blog. [read post]
5 May 2016, 6:59 am
Reed, 2003-Ohio-6536 (extrinsic impeachment may be used when a witness says that he cannot remember making a prior statement) Crawford v. [read post]
6 Feb 2016, 1:27 pm
The quantum of proof required to prove kinship is a fair preponderance of the credible evidence (Matter of Jennings, 6 AD3d 867 [3d Dept 2004]; Matter of Whelan, 93 AD2d 891 [2d Dept 1983], affd 62 NY2d 657 [1984]). [read post]