In re Issuance of Hazardous Waste Facility Permit No. 0901D21HP01

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “even if the same conduct establishes the commission of both malice murder and cruelty to children [in the first degree], the two crimes do not merge”
• noting that an affirmative waiver may occur when a defendant explicitly requests a jury instruction that he later argues on appeal should not have been given
• rejecting defendant’s argument that cruelty to children in the first degree should have merged with his malice murder conviction, citing Linson
• “An affirmative waiver may occur, for example, when a defendant . . . explicitly requests a jury instruction that he later argues on appeal should not have been given.”
• withdrawn arguments are affirmatively waived

Source: CourtListener parenthetical corpus (CC0).