WASHINGTON – In a case that raises the question of whether judges, rather than juries, can constitutionally decide factors that could trigger an increase in the minimum sentence, the justices of the U.S. Supreme Court seemed reluctant to shake up ...Read More »
Lawyers care about an expert’s credentials, how the expert’s opinions support their case, and the expert’s ability to withstand cross-examination. Experts care about their reputation and how to balance objectivity with assisting their client’s case. Jurors just want to figure ...Read More »
WASHINGTON – The justices of the U.S. Supreme Court considered on Monday whether a judge-imposed fine against a company convicted of environmental violations violated the Fifth and Sixth Amendments because it wasn’t determined by a jury.Read More »
All litigants on both sides of the aisle have been squeezed by the exponential complexity of litigation and the accompanying time and expense of discovery and trial. But while this strain causes some parties to settle cases rather than deal with prolonged trial dates, there will always be a place for parties to have their matters resolved by a representative cross-section of the community, and some additional but seldom used remedies are available for those parties who do not want to wait for the courts.
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A defendant claiming a Double Jeopardy violation is not entitled to federal habeas relief where a state court’s application of federal law was not unreasonable. See “Court rejects Double Jeopardy claim” U.S. Supreme Court. Renico v. Lett, No. 09-338. May ...Read More »