· 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 CourtListenerSourced 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.