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· 11/16/1945

Protests 100946-K of Sclafani

Citations

  • 15 Cust. Ct. 324

How courts have described this case

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

  • “[D]irect evidence that the victim suffered pain that is ‘substantial,’ as a matter of law, is sufficient to submit the question to the jury.”
  • “[D]irect evidence that the victim suffered pain that is ‘substantial,’ as a matter of law, is sufficient to submit the question to the jury.”
  • in the absence of direct evidence of the degree of pain, a court must determine whether the evidence supports “[r]easonable inferences from circumstantial evidence”
  • victim was panicked and crying hysterically and had scratches and welts on her face and arms; some swelling on both cheeks, around her eyes, and on the left side of her forehead; and more pronounced swelling on the right side of her forehead
  • setting forth the stan- dard of review
  • substantial pain inquiry is “subjective”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keefe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.