Search for: "Salerno v. State" Results 1 - 20 of 112
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18 Aug 2014, 12:20 pm by Stephen Bilkis
In 1975, the Supreme Court in O’Connor v Donaldson held that it was unconstitutional for a state to continue to confine a harmless, mentally ill person. [read post]
29 Aug 2014, 12:27 pm by Stephen Bilkis
Supreme Court precedent, set forth in Salerno, instructs that a person can be confined pending trial only if, along with a finding of probable cause, the State proves by clear and convincing evidence that there are no conditions of release that can reasonably assure the safety of the community or any person, before such person may be detained pending trial. [read post]
30 Oct 2018, 7:44 am by Aurora Barnes
Maryland, the application of United States v. [read post]
25 Aug 2014, 12:24 pm by Stephen Bilkis
In 1979, the United States Supreme Court in Addington v Texas held that constitutional due process required the government to prove two statutory preconditions by clear and convincing evidence before a court could commit an individual to a mental institution: (1) that the person sought to be committed is mentally ill; and (2) that such person requires hospitalization for his own welfare and protection of others. [read post]
18 Apr 2007, 6:55 am
The Attorney General of New Hampshire argues that the correct procedural rule is the rule of United States v. [read post]
1 Jul 2015, 9:01 pm by Sherry F. Colb
The standard the City urged for reviewing a facial challenge used language from United States v. [read post]
9 Aug 2013, 9:22 am by Ken White
Jurors, Baker feels, fail to see the simple truth that anyone should grasp: the state has accused someone, the state has claimed a set of facts, the defendant is guilty. [read post]
17 Apr 2019, 1:35 pm by Jessica Smith
The best guidance on the constitutional parameters of a preventative detention scheme comes from the United States Supreme Court’s decision in United States v. [read post]
16 Oct 2013, 11:18 am by David Markus
SREBNICK: The right to be released on bail, that is, the right not to be detained all the way until trial, under this Court's precedent in United States v. [read post]
25 May 2023, 2:05 am by Public Employment Law Press
The Court of Appeals had affirmed the denial of those benefits by Respondents in connection with the evidence submitted on her first two applications, Matter of Salerno v Kelly, 139 AD3d 516.In support of her third attempt, Plaintiff submitted the affidavit of a retired colleague, stating that at the time of the terrorist attack, he was stationed with Plaintiff at the offices of the Internal Affairs Bureau. [read post]