Epstein Secrets

jury beyond a reasonable doubt." Ring, 536 U.S. at 602, 122 S.Ct. 2428 (citing Apprendl, 530 U.S. at 482-83, 120 S.Ct. 2348). Two years later, in Ring the Supreme Court held that an aggravating factor rendering a defendant death-eligible "operate[s] as the functional equivalent of an element of a greater of- fense

. FN26. Currently, the circuit courts are split as to whether duplicative aggravating factors are unconstitu- tional and as to the meaning of the Supreme Court's decision in Jones. The Fourth and Ninth Circuits have aligned with the Tenth Circuit and adopted their own variations of tke rule in McCullah. Se

light of Jones, see United States D. 1?obin- son, 367 F.3d 278, 292-93 (5th Cir.2004) ("Although our case law once [supported the theory], the Su- preme Court recently admonished that it does not support that theory of review.") O 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westl

Motion Picture Ind. Pension & Health Plans, 16 F. Supp. 2d 1164, 1173 (C.D.Ca. 1998); Sheldon Pennsylvania Turnpike Comm 'n, 104 F. Supp. 2d 511, (W.D. Pa. 2000); Microsoft Corporation'. Suncrest Enterprise, 2006 WL 929257 (N.D. Cal. Jan. 6, 2006). 1. Judge Marcus and The Common Law Privilege Of Pilots Rep

e 9:08-cv-80736-KAM Document 100 Entered on FLSD Docket 09/27/2011 Page 2 of 12 has been waived. The United States further agrees that, in light of the Supreme Court's guidance on the Sixth Amendment Right to Counsel, the protections provided to civil mediation proceedings should extend to confidential plea negoti

te and a neutral assessment of the relative strengths of the opposing positions." Sheldon v. Pennsylvania Turnpike Comm'n, 104 F. Supp. 2d 511, 513 (W.D. Pa. 2000). In other words, the parties are allowed to disclose documents and information normally covered by the attorney work product privilege without fea

e 9:08-cv-80736-KAM Document 100 Entered on FLSD Docket 09/27/2011 Page 2 of 12 has been waived. The United States further agrees that, in light of the Supreme Court's guidance on the Sixth Amendment Right to Counsel, the protections provided to civil mediation proceedings should extend to confidential plea negoti

te and a neutral assessment of the relative strengths of the opposing positions." Sheldon v. Pennsylvania Turnpike Comm'n, 104 F. Supp. 2d 511, 513 (W.D. Pa. 2000). In other words, the parties are allowed to disclose documents and information normally covered by the attorney work product privilege without fea

ause it is more stringent than in other circuits. [DE 106 at 15]. The 1982 standard the plaintiffs accuse us of hiding was effectively overruled by the Supreme Court in Jaffee, a 1996 case we cited throughout our supplemental filing. Indeed, we referred to Jaffee as "perhaps the leading case addressing Rule 501 a

privile e. Nevertheless, we find persuasive the reasoning set forth by the court in Sheldone I. Pennsylvania Turnpike Comnen, 104 F. Supp. 2d 511 (W.D. Pa. 2000), and by other courts that have adopted the federal mediation privilege." Software Tree LLC RedHat Inc., 2010 WL 2788202 at *4 (E.D.Tex. June 24,

tlement agreement constituted Page 10 an "implied waiver" of this privilege. Id at 622-26. The court began its analysis with a con- sideration of the Supreme Court's decision in Nobles, noting that that decision held that an attempt to make testimonial use of work product resulted in an implied waiver of the p

tion Picture Ind. Pension & Health Plans, 16 F. Supp. 2d 1164, 1173 (C.D.Ca. 1998); Sheldon I. Pennsylvania Turnpike Comm 'n, 104 F. Supp. 2d 511, (W.D. Pa. 2000); Microsoft Corporation. Suncrest Enterprise, 2006 WL 929257 (N.D. Cal. Jan. 6, 2006). 1. Judge Marcus and The Common Law Privilege Of Pilots Repo