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3 Nov 2010, 2:41 pm
On October 19th 2009, Mr. Tisset was arrested for a narcotic offense, by order of an investigating judge. The applicant was not informed of his right to remain silent, and requested immediately to talk to a lawyer. But he was denied any legal assistance during his police custody of 2 days and 17 hours, under a special derogation for all narcotic offenses investigations (art. 63-4 of the code of penal procedure). During this police custody, he made self incriminating statement.
Under art. 63-4 of the… [read post]
23 Oct 2010, 4:54 pm
On 7th June 1999, the applicant was arrested for “attempted murder” and placed in police custody. The next day, he was put under oath and interrogated before he could meet his lawyer. On 9th June 1999, he was suspected of complicity to commit murder and detained in jail pending investigation. On December 8th 2001, he was released on his own recognizance. On March 1st 2002, the charge was changed to “aggravated assault“.
On October 31st 2002, he was condemned for… [read post]
12 Dec 2010, 3:00 am
Mr.Nicolas Cocaign is suffering from a severe mental illness (schizophrenia). Following his release from jail in summer 2005, the prefect of Hauts-de-Seine ordered his detention in a mental health center. Nevertheless, he was again detained in jail (cf. Case Patoux v. France).
On January 3rd 2007, he was suspected to have killed one of his cellmate in the overcrowded jail Bonne Nouvelle in Rouen and eat a part of his lung. On January 17th 2007, he was condemned to 45 days disciplinary cell for… [read post]
23 Jan 2011, 9:53 pm
On April 29th 1999, the Grand Chamber of the European Court of Human Rights found in judgment Chassagnou and others v. France (25088/94 ; 28331/95 ; 28443/95) a violation of articles 1 of protocol 1 and article 11 in conjunction with article 14 of the Convention because the applicants were forced to belong to a hunting association (ACCA) and to let armed hunters and hunting dogs from this association enter their land.
The Court ruled a violation of article 14 because large land owners could be… [read post]
22 Mar 2011, 10:29 am
Recently my wife and I welcomed our second child, Cooper Bowie Jimenez, into the world. Cooper's arrival has reminded us just how many details about having an infant we conveniently forgot since his brother's arrival three years ago. These can include, but are not limited to, sleepless nights, irritability, doing many more loads of laundry than you ever thought possible and of course sleepless nights. It also started us on the discussion of who we would ask to be Cooper's… [read post]
15 Aug 2012, 11:43 am
In eminent domain cases that result from transportation projects or any public use project, an owner’s only remedy is to insure that full payment is received for the property taken (direct damages) and any resulting loss in value to the property that remains (indirect, or severance damages). Property owners are also entitled to relocation benefits when forced to relocate their business or residence as a result of the taking.
Relocation is an administrative process established by the condemning… [read post]
4 Mar 2011, 2:16 pm
On July 13th 2009, Mr. Duteil holder of probationary driver license, was stopped by a police officer. He was issued a citation because he was charged with the contravention of driving under the influence (art. R234-1 of the road code). The citation mentioned : “point (s) driver’s license penalty”. The applicant paid a fine of 90€.
On November 25th 2009, he was informed that following to the payment of the fine 90€, his driver license was invalidated by the Minister of Interior.
Under… [read post]
14 Sep 2012, 4:03 pm
On August 25th 2000, Ms. Horvath, an Hungarian citizen was interrogated in Dutch and English by Dutch speaking police officers of the Ghent police without the assistance of a sworn interpreter (art.47 bis of the code of criminal instruction). On March 27th 2001, she received a summon in Dutch from the prosecutor of the king of the Belgians.
On February 14th 2002, she was condemned in absentia by the tribunal of Ghent. On November 9th 2004, the court of appeal of Ghent condemned her in absentia.
On… [read post]
23 Jan 2010, 7:29 pm
On December 3rd 2009, the Committee of Ministers adopted the resolution (2009)126, closing the examination of the judgment of Selmouni v. France (25803/94).
From November 25th to 29th 1991, the applicant was tortured at a police station in Bobigny during an investigation on drug trafficking. According to him, he was assaulted physically and sexually with a weapon, and threatened with a syringe and a blowlamp because he was exercising his right to remain silent.
On September 16th 1993, the appeal… [read post]
9 Dec 2011, 9:29 am
In France, there is no requirement for uniformed and plainclothes police officers to display their name or their administrative number or to show their police card upon request. Furthermore, the name and number of the police officer are not on the side of the card shown to the public [pic]. Some police officers are also using masks, hoods and scarfs to hide their identity, which is an infraction punished by a fine of up to €150 and a mandatory “citizenship class” (article 1 of Law… [read post]
22 Dec 2011, 10:29 pm
On September 12th 1998 around 2pm, Mr. Alain Dubois was found dead in a public park near the railway station of Pau. He had suffered serious head injuries and multiple trauma.
The police officers in charge of the investigation didn’t treat the area as a scene of crime. They didn’t collect and safeguard any evidence on the scene and on the body. They didn’t document postmortem changes to establish the location of injury and the time and place of death. No documentation of the social, medical… [read post]
22 Mar 2011, 6:00 am
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored an interesting article entitled, “Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?” Nevada Law Journal, Vol. 11, April 2011; The Pennsylvania State University Legal Studies Research Paper No. 6-2011; Conflict Resolution and the Economic Crisis, Symposium Issue. In her article, Professor Welsh advocates for greater use of… [read post]
Execution of judgment Siliadin v. France (73316/01) : are the general measures satisfying? [updated]
1 Mar 2011, 11:15 am
On July 25th 2005, the Court ruled in case Siliadin v. France (73316/01) a violation of article 4 of the Convention. The Court found that the French government failed to its positive obligation to obtain the criminal conviction of a couple B. who kept the applicant, a minor from Togo in domestic slavery for several years.
The applicant was represented by Me Helene Clement (Paris) and counseled by the NGO Comité Contre l’Esclavage Moderne (CCEM).
At the 976th meeting of the Committee of… [read post]
22 May 2012, 11:35 am
On March 31, 2012 the Massachusetts version of the Uniform Probate Code (“MUPC”) went into effect. The MUPC changes the entire process for probating an estate here in Massachusetts. Not only did it overhaul the type of Court proceeding used to probate an estate, but it also alters who inherits property for those people who die intestate (without a Will). Below are a few examples of the changes created by the new law.
Changes in Intestacy Laws: For anyone who dies without a Will, the distribution… [read post]
22 Aug 2011, 10:13 am
With long-term care insurance policies, the costs of assisted living facilities, in-home care and private nursing homes are covered. And, in many cases, these policies offer inflation protection, too. But since not many eligible consumers are signing up for policies, the companies that offer them are trying to make them more palatable.
It is an unfortunate fact that healthcare costs are steadily rising and will only continue to rise in the… [read post]
22 Aug 2011, 10:13 am
With long-term care insurance policies, the costs of assisted living facilities, in-home care and private nursing homes are covered. And, in many cases, these policies offer inflation protection, too. But since not many eligible consumers are signing up for policies, the companies that offer them are trying to make them more palatable.
It is an unfortunate fact that healthcare costs are steadily rising and will only continue to rise in the… [read post]
22 Aug 2011, 10:13 am
With long-term care insurance policies, the costs of assisted living facilities, in-home care and private nursing homes are covered. And, in many cases, these policies offer inflation protection, too. But since not many eligible consumers are signing up for policies, the companies that offer them are trying to make them more palatable.
It is an unfortunate fact that healthcare costs are steadily rising and will only continue to rise in the… [read post]
1 Dec 2009, 8:03 am
Schering-Plough Healthcare, owner of the MiraLAX brand -- the top-selling OTC oral laxative ($360 Million in OTC sales since launching in February 2007) -- has pulled out all of the available stops and then some, in a pre-Thanksgiving Day federal district court action brought in the District of Delaware, asserting a variety of intellectual property and unfair competition claims under both federal and state law. Bloomberg.com's report on the case from yesterday is here. In addition, here is a link to… [read post]
30 Oct 2010, 5:25 am
The bench of Hon’ble Supreme Court of India consisting Hon’ble Mr.Justice G.S.Singhvi & Hon’ble Mr.Justice Asok Kumar Ganguly in Shalini Shyam Shetty & Another Vs. Rajendra Shankar Patil reported in 2010 (3) KLT 86 (SN) (C.No.90) was pleased to observe as follows:“61. Jurisdiction under Article 226 normally is exercised where a party is affected but power under Article 227 can be exercised by the High Court suo motu as a custodian of justice. In fact, the power under Article 226 is… [read post]
11 Jan 2011, 10:20 pm
The 2010 Washington State Legislative session has brought several law changes related to DUI cases. The biggest changes are not to the DUI laws themselves, but collateral laws such as the Interlock Ignition License statute, child dependency and traffic laws. Unless otherwise noted the updates below do not take effect until January 1, 2011.
Mandatory reporting for suspected DUI with a child in the vehicle. SHB 3124 requires law enforcement officers to notify child protective services when a child… [read post]