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11 Sep 2013, 8:23 pm by Donald Thompson
 Not until counsel has been “repeatedly unconscious through not insubstantial portions” of even capital murder trials will prejudice to the defendant will be presumed (see, Muniz v Smith, 647 F3d 619 [6th Cir 2011]; Burdine v Johnson, 262 F3d 336, 340-41 [5th Cir 2001]; Tippins v Walker, 77 F3d 682, 685 [2nd Cir 1996]). [read post]
14 Sep 2007, 6:47 am
The court found that the plain language of the statute required the AG to issue regulations before SORNA could be applied retroactively to people convicted of sex offenses before July 27, 2006. [read post]
14 Sep 2013, 11:28 am by Donald Thompson
Such misconduct may impair a defendant's due process rights and require a reversal of the conviction (see, e.g., People v Robertson, 12 NY2d 355; People v Savvides, 1 NY2d 554; People v Creasy, 236 NY 205; Napue v Illinois, 360 US 264; Alcorta v Texas, 355 US 28). [read post]
24 Apr 2013, 11:08 am
  If Congress or the IRS wants to allow people to so easily avoid capital gains taxes, they're free to do so. [read post]