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21 Oct 2015, 10:26 pm
The New Mexico Supreme Court pointed out that the Court of Appeals' discussion was unnecessary speculation.This approach is consistent with the United States Supreme Court's approach in United States v. [read post]
17 Jun 2011, 1:11 pm by Howard Wasserman
Yesterday's SCOTUS decision in Davis v. [read post]
8 Oct 2012, 7:46 am by Stevie Phillips
By Stevie PhillipsIn a unanimous Tennessee Supreme Court opinion handed down on September 26, Chief Justice Wade outlines the historical development of state and federal sentencing guidelines.In short, he observes that the 2005 amendments to Tennessee's 1989 Sentencing Act were passed for the purpose of bringing our sentencing scheme in line with United States Supreme Court sentencing decisions, namely Apprendi and its progeny. [read post]
2 Jul 2007, 9:16 am
Davis, does not include disparate impact as anything more than evidence of the unlawful discriminatory purpose that the 14th Amendment outlaws. [read post]
” Second, is the mere placement of a buy order in the United States for the purchase of foreign securities on a foreign exchange sufficient to allege that a purchaser incurred irrevocable liability in the United States, such that the U.S. securities laws govern the purchase of those securities under the Second Circuit’s decision in Absolute Activist Value Master Fund Ltd v. [read post]
26 Jun 2008, 6:45 am
The United States Supreme Court Justices will read a brief from one of the youngest lawyers ever to file before the high court. [read post]
23 Jul 2006, 7:56 pm by The Owens Law Firm, P.L.L.C.
The Fifth Circuit hears appeals from the United States District Courts and the several state appellate courts in Louisiana, Mississippi, and Texas. [read post]
21 May 2007, 2:37 pm
Three weeks ago, in No. 05-1345, United Haulers Association v. [read post]
5 Dec 2008, 8:20 am
Sixth Circuit notes evidence about the defendant's involvement in a prior marijuana transaction may have been admissible under FRE 404(b) to show intent or identity but trial court "fail[ed] to convey that distinct purpose to the jury" in its limiting instruction, resulting in reversal of conspiracy count, in United States v. [read post]