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It is the first case to rule out prosecution on the grounds of public interest alone.
The court went beyond the question in the case to rule out the death penalty for any individual crime — as opposed to "offenses against the state," like treason or espionage — "where the victim's life was not taken".
In June, the Fourth Circuit refused to intervene in the case to rule on the question of Mr. Moussaoui's access to defense witnesses, saying it was premature to act until Judge Brinkema had applied sanctions against the government over the issue, such as dismissing the case.
In a landmark 1989 decision, a sharply divided Supreme Court used the case to rule that it did not violate the Eighth Amendment's ban on cruel and unusual punishment to execute someone who is mentally retarded, but that the jury must be properly instructed to give adequate consideration to the defendant's retardation.
Baroness Buscombe wrote: "In the end, the commission considered that newspapers had the right to publish opinions that many might find unpalatable and offensive, and that it would not be proportionate, in this case, to rule against the free expression of the columnist's views on a subject that was the focus of intense public attention.
Andrew Kimbrell, executive director of the Center for Food Safety, the advocacy group that organized the lawsuit against the Agriculture Department, said his group would soon ask the judge in the case to rule that the environmental impact statement was still inadequate.
Similar(53)
It is also obvious that angiographic studies are necessary in some cases to rule out other secondary causes of TCH.
Fundus fluorescein angiogram (FFA) was done in all cases to rule out capillary non-perfusion area and neovascularization at disc and elsewhere.
Foetal MRI was clinically indicated in all cases to rule out or confirm suspected pathologies detected during prenatal screening by ultrasonography.
Standard diagnostic tests like chromosomal karyotyping, fragile X testing and subtelomeric screenings were performed in most cases to rule out known causes of MR. The recruitment of patients was part of the German Mental Retardation Network (MRNET) study.
Searches with TM proteins should be examined on a case-by-case basis to rule out spurious relationships.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com