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4 Aug 2008, 9:56 am
Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284 “The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual's life arose… [read post]
5 Jan 2012, 11:17 pm by zshapiro
While all agree that the evidence against Smith was weak, the Supreme Court set the standard for reversal in Jackson v. [read post]
3 Apr 2021, 1:16 pm by Josh Blackman
[Smith's rational basis standard should apply to prospective neutral laws, not arbitrary regulations gerrymandered to avoid an extent free exercise religious conflict.] [read post]
18 Jan 2005, 2:56 pm by Marcus Castillo
Plaintiff’s counsel in Smith v. [read post]
26 Apr 2007, 12:41 pm
" Notably, a petition for a writ of certiorari presenting that issue is currently before the Court in Quarterman v. [read post]
30 Dec 2016, 8:08 am by MBettman
Smith, 685 F.3d 546 (6th Cir. 2012) (Graham only applies to a life without parole sentence and should not be extended to de facto life sentence cases. [read post]
14 Mar 2011, 12:52 pm
I had various reactions to this one.I first read the initial seven pages of the opinion, involving an appeal filed by a serial rapist who was sentenced to life in prison. [read post]