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20 Apr 2016, 5:48 am by Kelly Phillips Erb
In 1969, Timothy Leary challenged his arrest for possession of marijuana under the Act; the case of Leary v. [read post]
28 Feb 2016, 12:14 pm by Donald Thompson
 With apologies for citation format, then:“Presumptions must be carefully scrutinized before they will be allowed to operate against an accused since there is a real and substantial possibility that they will conflict with the overriding, more fundamental presumption of innocence accorded to every defendant” (Leary v United States, 395 US 6). [read post]
28 Feb 2016, 12:14 pm by New York Criminal Defense
 With apologies for citation format, then:“Presumptions must be carefully scrutinized before they will be allowed to operate against an accused since there is a real and substantial possibility that they will conflict with the overriding, more fundamental presumption of innocence accorded to every defendant” (Leary v United States, 395 US 6). [read post]
7 Feb 2016, 11:37 am by Donald Thompson
 In Leary v United States, 395 US 6, 33 [1969], the Supreme Court held that “a criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. [read post]
7 Feb 2016, 11:37 am by New York Criminal Defense
 In Leary v United States, 395 US 6, 33 [1969], the Supreme Court held that “a criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. [read post]
22 Apr 2015, 3:56 pm by Stephen Bilkis
With the exception of the United States Constitution's Page 1004 proscription of bills of attainder and ex post facto laws, there is no provision in either the Federal or State Constitutions expressly concerned with retroactive legislation. [read post]
20 Apr 2015, 7:24 pm by Kelly Phillips Erb
In 1969, Timothy Leary challenged his arrest for possession of marijuana under the Act; the case of Leary v. [read post]
13 Apr 2015, 3:20 pm by Stephen Bilkis
With the exception of the United States Constitution's Page 1004 proscription of bills of attainder and ex post facto laws, there is no provision in either the Federal or State Constitutions expressly concerned with retroactive legislation. [read post]
5 Oct 2014, 11:47 am by Ackerman Law Office
 O’Leary v American Online  In O’Leary v American Online  the court was faced with the appropriate attorney fee for referring attorney. [read post]
6 Nov 2013, 4:52 am
It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defences for those accused of making derogatory statements. [read post]