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State Of Utah V. Dominique Hernandez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

OPENING BRIEF APPELLANT

This is an appeal from a conviction for aggravated robbery, a first

degree felony, in violation of Utah Code Ann. § 76-6-302, entered in the Third

District Court in and for Salt Lake County, State of Utah, the Honorable

William W. Barrett, presiding.

Benjamin Frank Lucero V. Sheriff Aaron D. Kennard; Chief Paul Cunningham; Salt Lake County Jail; And Murray City Justice Court : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a denial of a petition for post-conviction relief. Appellant was convicted of driving under the influence of alcohol in Murray City Justice Court and was sentenced to an actual and suspended jail sentence. He subsequently filed a petition for post-conviction relief in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Glenn K. Iwasaki, Judge, presiding, which was denied.

The State Of Utah V. Rodolfo Sotolongo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A SENTENCE ENTERED ON A GUILTY PLEA TO AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-103(l)(b) (1999), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ROBIN W. REESE PRESIDING

The State Of Utah V. Anthony A. Saddler : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for unlawful possession of a controlled substance with intent to distribute, a third degree felony offense in violation of Utah Code Ann. § 58-37-8(l)(a)(iii) (1998), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Terry L. Christiansen, Judge, presiding.

Revisiting Expert Testimony On The Reliability Of Eyewitness Identification, Jeremy C. Bucci

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Juvenile Record Expunction: The Rehabilitating Remedy, Lori M. Nehls

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Refusal To Produce Corporate Documents: The Fifth Amendment's Protection Of Former Employees, Aaron Finesilver

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni

Faculty Works

t is hard to imagine an injustice greater than the incarceration or, worse yet, execution of an innocent. Especially in our system of justice, which purports to accept as a basic premise that it is better that ten guilty go free than that one innocent person be imprisoned, the incarceration of an innocent is simply intolerable. Yet it happens--and much more often than we would like to believe. Questions abound as to why and what can be done about it. The problem of wrongful convictions has been discussed for some time, but it has often been rejected or downplayed. It …

On Wings Of Hope, Volume 7, No. 1, January-April 2002, Phadp, Darrell Grayson, Jennie Arana, Susanne Marie, Mary Neville, Leroy White, Gary Hart Ii, Tony Barksdale, T.R. Duncan, Jeff Rieber, John Powell Sj, Tina Petrose, Robert Simon Jr

On Wings of Hope

January–April 2002 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Webwatch—Legal Self-Help, Pat Newcombe

Media Presence

No abstract provided.

Communicator, Winter 2002, Wnec Alumni Association

Alumni Magazines

No abstract provided.

2002-2003 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

There's Got To Be A Better Way: Retribution Vs. Restoration, Jenna Lopes

All Volumes (2001-2008)

By examining the historical treatment of punishment and the results of those practices, we can more accurately diagnose the problems and prescribe the proper remedies. It is time that we focus on healing instead of simply treating the symptoms with catastrophic intervention. As with medicine, if a problem is detected and treated early the probability of recovery and a healthy life are much higher than beginning treatment after the body has become critically ill. I propose a holistic approach to the problem of crime and punishment and here, specifically, focus on the alternative to current correctional practices. The practice of …

Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman

Hofstra Law Review

No abstract provided.

The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell

Richmond Journal of Law & Technology

On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.

Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin

Hofstra Law Review

No abstract provided.

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein

Faculty Scholarship

This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla Jackson

Other Faculty Publications

No abstract provided.

Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax through the U.S. postal system resulted in five confirmed deaths, hundreds treated, and thousands tested. The potential for new, larger, and more sophisticated attacks have created a sense of vulnerability. National attention has urgently turned to the need to detect and react rapidly to bioterrorism as well as to naturally occurring infectious diseases.

Enron And The Dark Side Of Shareholder Value, William W. Bratton

Georgetown Law Faculty Publications and Other Works

This Article addresses the implications that the Enron collapse holds out for the self-regulatory system of corporate governance. The case shows that the incentive structure that motivates actors in the system generates much less powerful checks against abuse than many observers have believed. Even as academics have proclaimed rising governance standards, some standards have declined, particularly those addressed to the numerology of shareholder value. The Article's inquiry begins with Enron's business plan. The Article asserts that there may be more to Enron's "virtual firm" strategy than meets the eye beholding a firm in collapse. The Article restates the strategy as …

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

On April 9, 2002, a troop of armed FBI agents stormed the Brooklyn town house of sixty-two-year-old Lynne Stewart. A school librarian turned criminal lawyer, Stewart thought they had come for her life partner, longtime political activist Ralph Poynter. Flashing an arrest warrant, the agent in charge informed her otherwise, "We're not here for him, we're here for you." As her neighbors looked on, Stewart was handcuffed and taken off to jail.

Indicted under a federal law that prohibits providing "material support or resources" to organizations designated by the Secretary of State as engaging in terrorist activity, Stewart suddenly found …

The Web - 2002, University Of Richmond

The Web

No abstract provided.

Quality Assurance For North Dakota Youth Correctional Treatment Programs : A Three-Year Study Of Students And Their Treatment Program Outcomes, Ross A. Munns

Theses and Dissertations

No abstract provided.

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

On Law, Politics And Contemporary Constitutionalism, Colin Harvey

Fordham International Law Journal

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.