He erred in doing so,»
wrote the Court of Appeal judges.
«I conclude that a reasonable person, knowing all the facts, would not think that it is more likely than not that this juror, whether consciously or unconsciously, would not have decided fairly,»
wrote Court of Appeal Justice Lois Roberts for a unanimous three - judge panel.
They said that the trial judge erred in not asking the Crown to address the relevance of referring to her as a prostitute, did not provide instructions to the jury to address the «widespread racial bias» invoked by referring to her as they did and «wrongly said a factor important to consent was that Gladue was a prostitute,»
wrote the Court of Appeal judges in their decision.
These causes of action were therefore properly dismissed by him, for the reasons he gives,»
wrote Court of Appeal Justice Robert Blair.
In doing so, he compromised the appearance of judicial independence essential to a fair trial,»
wrote the Court of Appeal.
Not exact matches
Saying this could qualify as «willful» disregard
of the law, lawyer Robert Barnes
wrote for the site LawNewz, and a
court would take that into account when assessing the newspaper's right to do so.
The
court wrote in Boyce that «the appearance
of unlawful command influence» exists «where an objective, disinterested observer, fully informed
of all the facts and circumstances, would harbor a significant double about the fairness
of the proceeding» — a calculus evident in Nance's own public comments on Oct. 23.
Charles, he
writes, «presides at the centre
of a
court with no place for democracy or dissenting views... like some feudal lord.»
By contrast, Delaware Chancery
Court Judge Leo Strine, now chief justice
of the state Supreme
Court,
wrote in the Wake Forest Law Review: «Corporate law requires directors, as a matter
of their duty
of loyalty, to pursue a good faith strategy to maximize profits for the stockholders.»
Apple (aapl) is fighting a
court order obtained by the FBI last month that requires the company to
write new software to disable the passcode protections on a work iPhone used by Rizwan Farook, one
of the two shooters in a December rampage that left 14 dead and 22 wounded.
«Imagine enjoying a
court side seat at a game, studying in a classroom
of students and teachers all over the world or consulting with a doctor face - to - face — just by putting on goggles in your home,» Zuckerberg
wrote in a Facebook post announcing his company's purchase
of Oculus.
The battle between Apple and the U.S Justice Department has been raging since the government in February obtained a
court order demanding that Apple
write new software to help law enforcement officials unlock an iPhone associated with one
of the shooters in the December attack in San Bernardino, California that killed 14 people.
«We've already started preparing the paperwork needed to continue to fight for the Constitution in the Fourth Circuit
Court of Appeals,» he
wrote.
Justice Samuel Alito
wrote for the unanimous
court, «once a use
of force is deemed reasonable... it may not be found unreasonable by reference to some separate constitutional violation.»
In his decision today, Judge Thomas B. Griffith, a George W. Bush appointee for the U.S.
Court of Appeals for the D.C. Circuit,
writes:
Part
of the reason, and what's up for review before SCOTUS in Octane Fitness v. Icon Health & Fitness, is that patent law was originally
written to protect the patent holder, making it easier for the patent holder to prevail in
court.
«This
court, as a trier
of fact, is simply not firmly convinced
of defendant's guilt,» Judge Wilson
wrote in his ruling.
Maybe at the end
of the day these emails will have the most significant impact on individual dealings with the people who
wrote them, even in matters that have not yet registered with the broader public and even in matters will never be considered in
court.
The duty to consult with First Nations resides with the Federal government — as Chief Justice McLachlin
wrote in the 2004 Haida Nation v. British Columbia [2004] decision
of the Supreme
Court, «the ultimate legal responsibility for consultation and accommodation rests with the Crown.»
Justice Stephen Breyer
wrote for the
court that the Alabama Legislature and the federal
court that ruled on the plan had taken a «mechanically numerical» view, instead
of trying to figure out what percentage
of black voters were needed to elect a candidate
of their choice.
According to notices from the New York State Board
of Law Examiners and the Colorado Supreme
Court, users who show up with a Touch Bar - equipped model in those states will have to
write their answers by hand, but they will be allowed to re-download the ExamSoft software to another machine for free if they do it in advance.
In a decision released by the Baltimore Circuit
Court, Judge Martin P. Welch
wrote that the 35 - year - old was being granted a new trial because his initial council failed to properly cross-examine an expert from the state about the reliability
of cell tower data that seemed to place him at the scene
of the crime.
«This
court should read Section 135 as enforcing a near - absolute civil ban on the use
of names belonging to charitable organization or names that are confusingly similar,» Schiller
writes in the brief supporting his state
court petition.
Jackson did not speak directly to the issue when summoned, though he elaborated in the
court filing: «Just because I am photographed in or next to a certain vehicle, wearing an article
of clothing, holding a product, sitting next to what appears to be large sums
of money or modeling expensive pieces
of jewelry does not mean that I own everything in those photos,» he
wrote.
«A criminal defendant, we hold, need not request special interrogatories, nor need he acquiesce in the Government's request for discrete findings by the jury, in order to preserve in full a timely - raised objection to jury instructions,» Justice J. Ginsburg
wrote in her explanation
of the
court's decision.
«The
court rejected (the plaintiff's) theory that the newspaper's publication violated her right to privacy because her post to MySpace was made virtually to everyone with an internet connection,» Zaller
wrote in a blog post two years ago, asserting the case could apply to situations
of employees posting on social media.
Also cited on the DOJ's explanation
of the statute is a decision from former Supreme
Court Chief Justice William Howard Taft, who
wrote, «To conspire to defraud the United States means primarily to cheat the Government out
of property or money.»
Writing for the majority, Justice Antonin Scalia, the Supreme
Court's most famous religious conservative today, essentially denied the plaintiffs free exercise
of their religion.
The Supreme
Court refused to take the case and potentially give the defendant a retrial, but Sotomayor took the unusual step
of writing a statement that condemned the prosecutor's words, Reuters reported.
7th US Circuit
Court of Appeals nominee Amy Coney Barrett, a Notre Dame law professor, was questioned intensely about her Catholic faith as a result
of past writings expressing her beliefs on whether Catholic judges should recuse themselves from death - penalty cases if they believed they would be unable to impartially uphold the law,
writing that — in limited situations — judges should step back in cases that conflict with their personal conscience.
I'm simply reading what she
wrote about what the nomination
of Jeff Sessions to be a federal
court judge meant and what it would mean in history for her.»
«There is enough grey in grey marketing law and the lack
of federal government enforcement
of labelling and packaging laws to prevent the characterization
of the defendants» conduct as sufficiently egregious to attract further condemnation from the
court,» Myers
wrote.
The
court's
written findings define an «adequate and well - controlled human clinical study» as one lasting a minimum
of six weeks using appropriate tools.
He
writes about a talentless girls basketball team that resorted to the strategy
of the insurgent, playing an exhausting full -
court press to compensate for their lack
of traditional skills.
«Appellants sustained their burden
of showing injury by alleging that they paid artificially fixed higher prices,» Circuit Judge Dennis Jacobs
wrote for a three - judge appeals
court panel.
The
court of appeals heard oral arguments last month and is expected to issue a
written decision sometime this fall.
In one challenge to a $ 30.6 million golf - course deduction taken in 2002 — but not resolved until 2009 — a tax
court judge allowed 94 %
of the
write - off.
«The use
of the medicines in lethal injections runs counter to the manufacturers» mission to save and enhance patients» lives, and carries with it not only a public - health risk, but also reputational, fiscal and legal risks,»
wrote the companies in a friend
of the
court filing.
SAN FRANCISCO (Reuters)- A lawsuit filed by drivers against ride service Uber should not proceed as a class action, the company argued in a
court filing on Thursday, citing
written statements
of support from hundreds
of other Uber drivers in a case that could decide whether they are independent contractors or employees.
In 2015, he also
wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the
court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession
of a loaded firearm.
Particularly in light
of the
Court's 2008 decision in District
of Columbia v. Heller, which struck down Washington D.C.'s handgun ban and found Americans had an individual right to a firearm — a 5 - 4 decision in which Stevens
wrote the primary dissenting opinion — Stevens called the Second Amendment a barrier to «constructive gun control legislation.»
«Because there is no genuine dispute
of material fact that Sulyma had actual knowledge
of the facts comprising claims I and III, as well as knowledge
of the disclosures he alleges were unlawfully inadequate in claims II and IV, the
Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins
wrote in his opinion.
«Irreconcilable differences have developed with the client which make our effective representation
of the client impossible,» Gates» trial attorneys Shan Wu, Walter Mack and Annemarie McAvoy
wrote in a filing submitted to federal
court last Thursday, which was unsealed Wednesday.
Judge Easterbrook,
of the Federal Circuit
Court of Appeals,
wrote a great article about the internet back in the 90s called «Cyberspace and the Law
of the Horse.»
On Wednesday, Chancellor Leo Strine
of Chancery
Court gave companies a powerful incentive to build both independent board review and minority shareholder approval into the going - private process,
writing new law that should boost shareholder protections.
«Imagine enjoying a
court side seat at a game, studying in a classroom
of students and teachers all over the world or consulting with a doctor face - to - face — just by putting on goggles in your home,» he
wrote.
«Based on the advice
of counsel, I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District
of New York,» Cohen
wrote in the filing in Los Angeles federal
court.
«Arbitration clauses are generally independent
of the larger contract in which they are embedded,» Cevallos
writes, citing both US Supreme
Court and California Supreme
Court cases.
In the landmark 1969 Supreme
Court case Tinker v. Des Moines, the court decided that there were limits to students» rights at school, but that «It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,» as Justice Abe Fortas w
Court case Tinker v. Des Moines, the
court decided that there were limits to students» rights at school, but that «It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,» as Justice Abe Fortas w
court decided that there were limits to students» rights at school, but that «It can hardly be argued that either students or teachers shed their constitutional rights to freedom
of speech or expression at the schoolhouse gate,» as Justice Abe Fortas
wrote.
«Only the governments and the
courts remained as sources
of authority,» Coppin
writes, and, if enacted, Charles» «libertarian policies would eliminate these.»