Search for: "People v. Burden (1988)" Results 1 - 20 of 369
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2 Dec 2016, 7:16 am
I don't know the details of Canadian law, but the case is reminiscent of the 1988 American case Lyng v. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
Legally enforceable confidentiality obligations are a burden, especially when the obligation relates to an acquaintance. [read post]
20 Jul 2021, 6:55 pm
Brattain, 44 Cal. 3d 474, 479 (1988); Haraguchi v. [read post]
8 Aug 2014, 6:05 pm by Donald Thompson
 The People have the initial burden of going forward to show the “lack of any undue suggestiveness” (People v Chipp, 75 NY2d 327, 335 [1990]; People v Ortiz, 90 NY2d 533 [1997]). [read post]
15 Jul 2014, 11:23 am by Bill Easton
  Recognizing this burden, and the unfairness of foisting it on an unwilling defendant, the Court of Appeals has repeatedly reversed cases where an affirmative defense was imposed on an unwilling defendant (see e.g., People v Bradley, 88 NY2d 901, 902 [1996] [extreme emotional disturbance]; People v DeGina, 72 NY2d 768, 776-777 [1988] [entrapment]).New York Affirmative DefensesNew York Penal Law Article 40 groups the general affirmative… [read post]
16 Nov 2023, 4:00 am by Shea Denning
Mercado, 307 F.3d 1226, 1229 (10th Cir. 2002) (determining that the automobile exception applied to warrantless search of van that was temporarily inoperable due to mechanical problems) and People v. [read post]
25 Aug 2017, 5:01 am by James Edward Maule
Accordingly, the taxpayer was held to have failed in his burden of showing that the imposition of the section 72(t) additional tax by the IRS was erroneous. [read post]