N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence Mar 28, 2008
Lefelt termed Lueddeke's argument plain error and said to the extent that Superior Court Judge John Peterson Jr. condoned it in his instructions to the jury, it was contrary to the statute. Though general deterrence was an allowed goal under the common law, the Legislature eliminated it in enacting the New Jersey Punitive Damages Act, which says the purpose of such damages is "to punish the defendant and to deter that defendant from repeating such conduct," Lefelt wrote. (Law.com)
Conviction affirmed in son's death Mar 5, 2008
The Court of Appeals also found no plain error requiring requiring reversal based on the identification of jurors by numbers instead of by name. Finally, the court did not find misconduct by the prosecutor or ineffective assistance by defense counsel. (Dowagiac News, MI)
Court Approves $3.1 Million Fee for Attorney in Holocaust Case Dec 7, 2007
Thursday, Block said there was "no plain error" in the report and recommendation, and agreed with the magistrate judge's determinations. He said he believed that Neuborne understood he was performing services for Korman that "should not be measured by the hourly rate he could have commanded in the commercial market, and that his $700/hour proposals were simply ill-advised reactions to Swift and Dubbin's challenges.". (Law.com)
Appeals contend wrong law applied, administrative errors criminalized Nov 28, 2007
" The appellants searched the 10 volumes of the trial testimony and arguments and found the dominant emphasis was placed on alleged violations of these policies: The word "policy" is used 267 times; The word "policies" 33 times; The word "regulation" 34 times; The word "rules" 74 times; The word "report" 746 times; The word "pursuit" 429 times; The word "high speed" 57 times; The words "failure to report" 30 times; The words "duty to report" 13 times; The words "sector evidence" 83 times; The... (WorldNetDaily)
Read more at Linux.com Jan 31, 2007
You can set up your own plain error pages without all of the extra Drupal layout, and you can customize the message displayed in "off-line mode" when you've taken the site down. Documentation and community. (NewsForge)
Court upholds burglary, robbery sentence Jan 4, 2007
In his unsuccessful appeal, Daniels contended that officers used an "impermissibly suggestive" photo lineup in getting Brown to identify him, and that a judge "committed plain error" by allowing jurors to hear evidence about his juvenile record and alleged marijuana use. Appellate judges unanimously disagreed on both counts. (Herald Sun)
One pleads for life, one offers apology Jun 20, 2006
Bell denied the request, prompting Mueller to say: "I believe the court is in plain error on this.". Family members of both convicted men were puzzled, hurt and emotional as they took the stand to plead for mercy. (Las Vegas Review-Journal -- Nevada News)
Stewart and Bacanovic Convictions Upheld Jan 7, 2006
The Court issued Crawford a short time after the jury verdict in the case, so the issue is reviewed only for "plain error," which is a very difficult standard for defendants to meet. For those whose eyes glaze over at the mere mention of the Confrontation Clause, suffice to say that Crawford does not permit the government to introduce out-of-court statements that are "testimonial," and Stewart and Bacanovic argued that the introduction of their statements violated the Confrontation Clause... (Blawg)
