Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson Nov 2019

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming


Recent Developments: Sharp V. State: Despite Not Formally Objecting, Defense Counsel Properly Preserved The Issue Of Whether The Circuit Court Inappropriately Weighed Defendant's Decision Not To Plead Guilty At Sentencing; The Circuit Court Did Not Impermissibly Consider Defendant's Rejection Of The Plea Offer At Sentencing., Colin Campbell Jan 2016

Recent Developments: Sharp V. State: Despite Not Formally Objecting, Defense Counsel Properly Preserved The Issue Of Whether The Circuit Court Inappropriately Weighed Defendant's Decision Not To Plead Guilty At Sentencing; The Circuit Court Did Not Impermissibly Consider Defendant's Rejection Of The Plea Offer At Sentencing., Colin Campbell

University of Baltimore Law Forum

The Court of Appeals of Maryland held that defense counsel’s statements conveyed an objection to the circuit court’s perceived consideration of the defendant’s decision not to plead guilty at sentencing. Sharp v. State, 446 Md. 669, 113 A.3d 1089 (2016). As a result, the court held that defense counsel sufficiently preserved the issue for appellate review. Id. at 684, 113 A.3d at 1098. Ultimately, though, the circuit court’s statements at sentencing did not give rise to the inference of an impermissible consideration. Id. at 701, 113 A.3d at 1108.


Recent Development: State V. Hunt: A Petitioner Who Files For A Writ Of Actual Innocence Has The Right To A Hearing Based On Newly Discovered Evidence When The Pleading Substantially Complies With Md. Crim. Proc. § 8-301 And Md. Rule 4-332, Daniel M. Weir Jan 2015

Recent Development: State V. Hunt: A Petitioner Who Files For A Writ Of Actual Innocence Has The Right To A Hearing Based On Newly Discovered Evidence When The Pleading Substantially Complies With Md. Crim. Proc. § 8-301 And Md. Rule 4-332, Daniel M. Weir

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the trial court erred in denying a hearing on a petition for a writ of actual innocence based on newly discovered evidence, when petitioners substantially complied with the pleading requirements under Section 8-301 of the Maryland Code, Criminal Procedure Article (“section 8-301”) and Maryland Rule 4-332.


Health Care Law, Sean P. Byrne, Garrett Hooe Nov 2014

Health Care Law, Sean P. Byrne, Garrett Hooe

University of Richmond Law Review

No abstract provided.


Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee Mar 1999

Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee

Washington and Lee Law Review

No abstract provided.


Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …


Arraignment, Pre-Trial Motions, And Pleas In Virginia Sep 1965

Arraignment, Pre-Trial Motions, And Pleas In Virginia

Washington and Lee Law Review

No abstract provided.


The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes Jun 1957

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …


The New Michigan Court Rules, Edson R. Sunderland Mar 1931

The New Michigan Court Rules, Edson R. Sunderland

Michigan Law Review

There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.


Logic V Common Sense In Pleading, Nathan Isaacs Jan 1918

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that