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22 Feb 2023, 1:21 pm
I was a little bit hesitant to do so, however, because my critiques are more about style and manner of presentation than doctrine, and I understand that different people have different preferences in that regard. [read post]
28 Oct 2013, 2:47 pm by Stephen Bilkis
Thus, primarily because of the "legal stigma" attached to warrantless and suspicionless stops, the People bear the burden of proving at a suppression hearing that the particular checkpoint in question was conducted in a non-discretionary manner, that is, the officers did not exercise individual discretion as to which cars to stop or what questions to ask akin to People v Cabrera. [read post]
2 Dec 2011, 11:27 am
A courtroom is hardly the appropriate venue to attempt to recreate and prove the manner of commission of a murder by strangulation. [read post]
16 Apr 2008, 1:27 pm
And in a manner that's deemed to be a serious insult to the Crips.But no problem, right? [read post]
8 Dec 2010, 8:22 pm
 But the fewer people who are bound by the ruling, the fewer people have standing to appeal. [read post]
18 Oct 2012, 10:33 am
s wife and cousin testified that he told them people were after him. [read post]
26 Jun 2014, 12:21 pm
And indeed many restrictions focus on particular places — sidewalks outside people’s homes (Frisby v. [read post]
24 Sep 2008, 9:52 pm
The Court of Appeals, in People v Luciano, 2008 NY Slip Op 04898 [6/3/08] has held that forfeiture or permeptory challenges is a permissible remedy for attorneys who exercise peremtory challenges in violation of the constitiuion under Batson v Kentucky, 476 US 79 [1986] and its progeny. [read post]
14 Mar 2011, 12:52 pm
In three prior appeals, of which we took judicial notice, the same prosecutor was criticized for improper conduct, including the observation in People v. [read post]