THE ARKANSAS COURT OF APPEALS REVERSED THE JUDGMENT OF THE LOWER COURT ON THE GROUNDS THAT EXPERT TESTIMONY IS NOT REQUIRED WHEN THE ALLEGED NEGLIGENCE LIES WITHIN THE COMPREHENSION OF LAYMEN.(Brief Article)Tammelleo, A. David
the Court of Appeals is reversed and the cause is remanded for transfer to the appropriate trial court for a hearing on the merits pursuant to RAP 16.11(a) and RAP *89 16.12.[1] This being a collateral review, petitioner has the burden of establishing that, ...
finding its disclosure would compromise national security. But the 9th U.S. Circuit Court of Appeals reversed, ruling that the procedures established under FISA regarding the legality of challenged electronic surveillance displace the state-secrets privilege and the district court should have reviewed the...
The Court of Appeals reversed Andrew's second degree murder conviction. It held that the trial court erred in failing to instruct the jury on self-defense. State v. Janes, 64 Wn. App. 134, 136, 822 P.2d 1238 (1992). We accepted review. BATTERED CHILD SYNDROME The first question raise...
The Michigan trial court granted his motion. On interlocutory review, the Michigan Court of Appeals reversed, relying on Michigan Supreme Court cases holding that suppression is inappropriate when entry is made pursuant to warrant but without proper “‘knock and announce.’” App. to Pet. for Ce...
AFPF and Thomas More to disclose their largest donors. But a three-judge panel on the 9th U.S. Circuit Court of Appeals reversed the lower court's decision that the disclosure requirement violated the constitutional freedom of association, and the full appeals court declined to rehear the case...
Circuit Court of Appeals later reversed this decision. Although Yahoo! was fighting that it had the First Amendment right to violate French law and facilitate French citizens to violate the same law, there was no certain extraterritorial right under the amendment. Ultimately, Yahoo! and other ...
WASHINGTON (AP) — The Supreme Court ruled Tuesday that tribal police officers can stop and search non-Indians on tribal lands for potential violations of state or federal law. The justices unanimously reversed an appellate ruling in favor of a non-Native motorist who was charged with d...
The U.S. Court of Appeals for the Ninth Circuit on Monday reversed a lower court’s decision that had previously sidestepped a lawsuit by Peridot Tree Inc. – a company with majority ownership by Michigan resident Kenneth Gay – challenging Sacramento’s cannabis licensing program’s residency ...
Williams argued that the doctrine of collateral estoppel barred the State's prosecution. She also claimed the trial court erred in failing to give an instruction on duress. The Court of Appeals reversed the trial court and dismissed the charge against Williams, holding the doctrine of collateral ...