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29 Jun 2012, 1:21 pm by Kent Scheidegger
  As Bill and I noted Monday, the AP report on the juvenile LWOP case, Miller v. [read post]
4 Feb 2020, 12:41 pm by Donald Thompson
We should respond that these questions address the ability of a potential juror to be fair and impartial, an area of inquiry in which a trial court is more apt to commit error (see CPL § 270.20[1][b]; People v Arnold, 96 NY2d 358 [2001]; People v Johnson, 94 NY2d 600 [2000]; People v Lewis, 71 AD3d 1582 [4th Dept 2010]; People v Habte, 35 AD3d 1199 [4th  Dept 2006]). [read post]
12 Jun 2011, 5:00 pm by Brian Shiffrin
by James EckertIn People v Johnson (2011 NY Slip Op 04764 [6/9/11])the Court of Appeals ruled that a juror who said she could set aside her personal views on the insanity defense and could apply the law as set forth by the court should have been removed for cause based on subsequent statements by the juror on the same subject matter. [read post]
14 Jun 2024, 3:59 pm by Thomas James
James attempts a reconciliation of recent pronouncements. [read post]
8 Apr 2015, 7:08 pm by Brian Shiffrin
The court noted that there are unusual circumstances in which silence will be admissible (People v Rothschild, 35 NY2d 355 [1974] [defendant police officer had a duty to report to his supervisors if he was taking the bribe money as part of a "sting"]; People v Savage, 50 NY2d 673 [1980] [defendant told police he shot victim during an altercation, properly cross-examined on his failure to make claim that victim was trying to rob him, as he testified at… [read post]
14 Feb 2014, 6:19 am
[W]hile using the James Van Praagh Trademark, he has appeared on syndicated television shows; presented at large conferences and retreats; worked with people throughout the United States and internationally; authored books; maintained a website and online community; and offered seminars. . . . [read post]
2 Feb 2023, 10:50 pm
Research shows that these creatures can carry up to 351 different types of bacteria which can be harmful to people – with some capable of leaving disease-causing organisms which cause bloodstream infections, diarrhea, food poisoning and meningitis, and can spread cholera, bacillary dysentery, hepatitis, and typhoid fever.▫️So, not surprisingly, most of us view these flying pests with considerable disdain — particularly when they enter our homes, uninvited. [read post]
27 Dec 2018, 4:00 am by Howard Friedman
Circuit, by a vote of 7-2, denied an en banc rehearing in Archdiocese of Washington v. [read post]
26 Jul 2020, 1:57 pm
It is a must read for anyone debating the ramifications of People v. [read post]
8 May 2024, 4:10 am by Howard Friedman
The complaint (full text) in People of the State of New York v. [read post]
5 Jun 2015, 12:58 pm by UChicagoLaw
On the other hand, it is often treated, most notably under the Supreme Court’s now pivotal decision in Penn Central Transportation Co v. [read post]