· 7/12/2023
Selene Fin., L.P. v. Ng
Citations
- 2023 NY Slip Op 03811
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that during a capital sentencing, a defendant's silence cannot be considered as proof of his lack of remorse but his \affirmative words or conduct\ can
- holding that the district court properly quashed the subpoena for lack of specificity because \Caro can only speculate as to what the requested information would have shown\
- noting that U.S. Supreme Court case law suggests that \considering a defendant's silence\ regarding the aggravating circumstance of lack of remorse \may well [be] prohibit{ed]\ under the Fifth Amendment
- observing that consideration of a defendant’s silence to prove lack of remorse may violate the Fifth Amendment
- “Accordingly, a defendant seeking a Rule 17(c) subpoena ‘must clear three hurdles: (1) relevancy; (2) admissibility; [and] (3
- discussing factors courts should consider when assessing prejudice, including whether court gave jury curative instructions
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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